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HomeMy WebLinkAbout07221974CITY COUNCIL MNUTEs July 22, 1974 cuy or - KILO /MO The City Council of the City of Palo Alto met on this date at 7:30 p.m. iu an adjourned meeting of July 15, 1974 with Vice Maayor Henderson presiding. Present: Beahrs, Derwald, Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum Absent: Sher to Ch). Pal° Aito SalegailLSALLLIfiggi limbers Ratified to Board of Directors Vice Mayor Henderson reported that those persons nominated to the Board of Directors of the Palo Alto Community Child Care were Janet S. Gusma_n, J. Mel Harris, Jan Kutner, Virginia Sanders, Trudy Taliaferro, Stephanie P. Beach, and Lucille Gold. MOTION: Councilwoman Pearson Loved, seconded by Comstock, that the seven persons nominated be ratified to the Board of Directors of Palo Alto Community Child Care. The motion passed on a unanimous vote. PACDAB Contract, 1974-75 (CMR:416:4) Vice Mayor Henderson noted there was a report on this subject from staff dated July 11, 1974, as well as the proposed agreement. MOTION s Councilwoman Pearson moved, seconded by Cum took, that Council authorise the Mayor to execute the contract as presently prepared bett,een PACDAB and the City of Palo Alto for 1974-75. Councilman Clay understood there was still a problem with apace for The Collective, and he asked what the outlook was for space and what the impact on the program night be. Lincoln Mitchell, 285 Hamilton Avenue, PACDAB member, said this was a difficult question to answer because they did not know where they would be; however, PACDAB and the city staff were looking for additional space, and he felt something could be found in Palo Alto. Mrs. Carleeri Bidwell, City staff, noted that the new owner of 418 Ramona had given a one --month extension. She pointed out that the prom:Pont contract contains the same feature as in the previous one which fs that the site cf the program is to be approved by Council. Dace a place bas been selected and the plane worked out, staff would come back to Council for that action. 5 4 7/22/74 Councilman Beahrs stated he was aware that there had been some fine, dedicated efforts in support of this program; `gut he was not of the opinion that it merited unanimity of support from Council or the commas-- nity. He said that letters such as the one members of Council received an June 24th criticizing the general effect and substance of the Street Theatre were indicative of the problem. Councilman Beahra could not support any group that subverted his philosophy and his standard Of morality. Vice Mayor Henderson said that as Council Liaison he bat through the meetings of the PACDAB Board and scrutinized the contract very carefully. He felt it was an excellent product and fully reflected the changes requested by Council, and be commended PACDAB, The Collective, and the city staff personnel who cooperated to produce the document. Councilman Berwald referred to the letter Councilman Beahrs had mentioned about an appearance at Gunn High School in the spring by a member of the Street Theatre. Ha understood that the circumstances were that the Street Theatre was to perform at an assembly at Gunn High School, but due to the illness of some of the members of the Street Theatre, one of the persons simply gave a talk. A citizen had said this talk was a paranoid harangue to the effect that'the U. S, Government in collusion with the Mafia was responsible for the drug problem. The speech was full of political preachment managing to include praise of Ho Chi Ninh in North Viet Nam and denunciation of South Viet Nam. Councilman Berwald spoke with the person who wrote the letter and also to the student (who wan this person's sister) who was present at the assembly and corroborated the statements made in the letter. The speeek was given under the title of "The History of the Heroic. Problem," and the blame was on the fascist U. S. Government, with the C.I.A. going back and forth transporting heroin, etc. Count.{lman Berwald noted that he had consistently suppoated the program, and one of the reasons he voted for the lower budget was he felt it might insure that the activities of PACDAB and the staff be related to drug abuse and 'sot therefore use public money for the castigation of our government.` He asked for cbtaments about this and asked if the letter stated an accurate picture of what had transpired. Hr. Mitchell said he had heard such statements but he had not investigated them.. He did not feel he was in a. position to respond as to whether or not this wae.an accurate portrayal of what happened. The Collective staff was concerned with the various causes of drug abuse in this country, and they may have ideas that were different from his own as to what those causes. dare; however, he assured Council that the staff was dedicated to dealing with the problem. Hie own political views might be termed "early conservative" by many standard's today, but he supported this program. He said he may work with things that he did not particularly agree with, but he did agree with the overall impact and effect. Councilmen Berwald said he was trying to have someone establish the veracity of the report. Mrs. Badwen stated she received the letter in question and it on to The Collective with a request that they respond to discussed with them briefly the material, and the talk that to is what is known as "The Eistory of Heroin Rap" that was with City Council early in June. S S 7/22/74 passed it. She was referred discussed Councilman Betwald heard a report that staff was going to take some time off to go to a conference in Arizona, and'ane person said the cost of that would be $1,500. Using that as an example, he asked Mr. Mitchell how much money the staff could spend without Board approval. Mr. Mitchell responded the limit is $100. If in the staff's judgment the expenditure was a questionable one, they would seek specific authori- zation from the Board to make it. As detailed'in reaponse to the audit earlier this year, no fnnda are dispersed except by the city's standard Request for Payment Form signed by a member of the Board, which is submitted to the city. Payment is then made directly by the city. The only exception to this procedure is the petty cash fund, and the auditors commented that was handled with much more control than most husineeses managed. Under that fund, the procedure is that the staff may spend up to the limit of the bank balance which is $100. In order to replenish that balance, a Request for Payment Form is submitted to the city with cancelled checks and/or invoices for cash expenditures reflecting what the expenditures had been; and if appropriate, it is then replenished. He stated that staff had been very responsible in any matter that involved something they felt should have the endorsement of the program as a whole, whether it involved $5.00 or $70.00, and had come to the Board for authorization. The motion passed on the following vote: AYES: Clay, Comstock, i{>e nderson, Norton, Pearson, Rosenbaum NOES: Beahrs, Berwald Vice Mayor Henderson reported there was a staff report from Mr. Knox, a letter from Mr. Duckstad, President of the Pelo Alto Housing Corpor- ation, and the proposed amendment which, in effect, would be the agree- ment with the Housing Corporation for 1974-75. POTfON: Councilwoman Pearson moved, seconded by Rosenbaum, that Council approve the recommendation that the amendments to the contract be adopted and that the Mayor be authorized to execute the revised contract on behalf of the +qty. Mr. Duckstad said the Corporation wonted to point out that on page 3, Scope of Service, that buyer selection (and rental selection as well) is an administrative and not a consulting item. He noted the Housing Corporation enbarked on an experiment of fourteen unit's of non -federally subsidised housing, four of Which are now completed. xn just taking care of the first four units at Foothill Green, "one hundred iriqufties had been received after an advertisement had been placed is the paper. Seventy-five applications had been sent out for the two -bedroom and thrse-bedroom units, Finally, they had fourteen complete applications, five of which were eliminated as not being qualified. After that, and the drawing, they had the three -bedroom units over -subscribed and one two -bedroom unit for which there is presently no taker. It would be neccsasery to re -advertise the two -bedroom unit which meant they would have to go through the whole process again. He pointed out that the cost of this procedure added by item 8 was completely unknown, and is relatively untried &ad already needs revision, Mr. Duckstad reported that because of item 8 activities, many persons 5b 7/22/74 on the board and staff had to reorganize their priorities. Most of their available time WPS being taken up with these fourteen units at the expense of other projects and activities','such as the proposed non-profit Housing Corporation,' and the research that has to be done to keep abreast of what is going on in the housing field. This was particularly true Le the absence of a federal 'pro ;ram and in the anticipa- tion of the special revenue Sharing on community de'velbpanent. Councils Beahrs asked just how the advertising was done, and he wanted to have his memory refretthad regarding the' basic qualifications for residing at Foothill Green.. • Mr. Tiuckstad responded they advertised in the Palo Alto Times twice, first for the four units, and secondly for the one 'unit still.remaining. Then there was en outreach pxbgram which included the Midpeninaula Urban Coalition and other agencies. Further, a news release watt' sent to four other newspapers. He noted there were two sets of criteria -- qualitative which cotes first and that means people who have lived in Palo Alto twenty-foir' mbnths or more and/or work With the City" of Palo Alto or the Palo Alto Unified School District; secondly, live in Palo Alto and/or work in Palo Alto; thirdly, live eleeWhert.. • Councilman Beahrs asked what would happen if there were four units available and there were six families who fit the first category. It was his understanding that those people would draw'all the slots first, and if there were nc takers, then it would drop into the second category. Hi. Duckatad replied that this understanding was carnet. Councilman Berwald commended the Housing Corporation; and said as' liaison for the past year, he had been tremendously impresbed with the dedication and efficiency with which the group handled its work. The motion passed on a unanimous vote. tsera2 Grant to Study Investigatory Procsdures for r e (CIS: 409 :4) Vice Mayor Henderson noted Council received a staff report from Chief of Police Zurcher, a proposed ordinance, and a copy of the grant award. MOTION: Councilman Comstock moved, seconded by Berwald, that Council approve the budget amendment increasing the Police Department Research and Training sub -program by $93,722 (and an estimated departmental revenue increase of $4,686) and increasing police officer personnel authorisation by two positions in the 1974-75 budget and authorise the City Manager to execute the attached contract and the contracts with the Evaluation and Project Consultants; and he introduced the following ordinance and moved, seconded by Berwald, its approval for first reading: "ORDINANCE,OF Tat COUNCIL OF THE CITY OF PALO ALTO -AMENDING TEM BUDGET FOR FISCAL TEAR 1974-7a TO PROVIDE RESOURCES TO IMPS A FEDrRAL GRANT TO STURDY ALTERNA- TIVE TIVE POLICE IN PROCEDURES FOR RAPE" 57 7/22/74 Vice Mayor Henderson noted it is indicated that both the expenditures and the revenue are proposed to be increased by $93,722, but he believed the city had to bear $4,686 of the cost, and the balance comes from grants. Therefore he felt the ordinance to adjust the budget and the motion's figures would have to be changed. James Hudak, Project Manager,' said Vice Mayor Hendexsson was correct on this point, and the city match is $4,686; eb that is not revenue coming in from the outside. Total project cost is $93,722. CHANGE IN MOTION: Councilman Comstock said he would include the figure change to $4,686 and $89,036 both in hiss motion and in the ordinance. Councilman Berwald agreed to the change. Councilman Bervald stated that during earliest' diiscu'seions he expressed appreciation of the fact that this kind of study was going to be undertaken but questioned why Polo Alto was chosen to snake the study. He did not feel that Palo Alto experienced that many of this type of crime although there had been some, and he had asked earlier if there were not other cities that already had federal grants to study investigatory procedures for rape. He wanted to know if Palo Alto Was the only city having such a study and *vas it designed to fit into an overall prograu. Mfr. Hudak responded there were other programs throughout the nation dealing with some aspects of tot problem of rape but r;one that was really designed to inquire into how the criminal justice system 'e pnnd9 to the problem. Councilwoman Pearson commended the Police Department for attempting to find a solution for what is a terrible problem for' those w'oteh who ere victims of rape, and she said it was importait to temetober than Palo Alto was not as pure as we like to believe and there really are some problems. She pointed out that one of the problems of rape was the lack cf ability for a woman to report the crime once she has been raped without feeling demeaned by the kind of treatment she received from tht police. Councilman Eeahrs expressed concern about Palo Alto spending this money when there are other cities in the Say Area alone where such monies might be better spent and result in a better cross-section of the problem. Emever, he commended the Police Department for devising tba program. The motion passed on a unanimous vote. Vice Mayor Henderson commented that the proposed procedures were passed unanimoualy by the ICC at its meeting last Thursday night, except for Palo Alto which abstained from voting because Council had not spoken to this matter. He felt it was appropriate for Palo Alto to send its endorsement if Council ware so inclined. S8 7/22/74 Councilwoman Pearson said that one of the problems had been that the Santa Clara County Planning Policy Committee felt quite strongly that it wanted to be the body that reviewed' the growth policies that may be developed, and they certainly did not want the City Managers or the Planning Departments to be totally responsible for advising cities where the growth should occur. If Council had received this in time, Councilwoman Pearson would have asked that under Item 2 the reports given to the Planning Policy Committee ' include: all the alternatives and technical evaluationeJound in Item 1. She pointed out that the PPC would be meeting this Thursday slight, and it wan her intention to ask that that be added because she felt it was important that the Planning Policy Committee not be given simply those data and alternatives which certain managers in Santa Clara County may want the PPC to have. That body should have all of the alternatives so they could see what was being excluded as well. .MOTION: Vice Mayor Henderten moved, seconded by Pearson, that City Council forward its endorsement of the procedures for the ABAG Regional/ Local Growth Policies Program to the Santa Clare County Intet-City Council, which would include adding to Item 2 the statements made by Cuncilwoman Pearson. The motion was passed on a unanimous vote. _Reftse Disposal Axca Pepott by City NXa*raOr Sim Mr. Sipel assured council that the refuse disposal area would remain open for the nett six months. He recalled for Council that in December, 1973 and January, 1974, staff had entered Into some discussions with the Corps of Fngineers regarding the operation of the land fill site which the Corps of Engineers claim is within their jurisdiction as a part of the navigable waters of the bay. At that time, staff entered into an agreement with the Corps that the city would file for a permit to fill in this particular area; and for the six-month period from January iat to July let, 1974, Palo Alto would-be permitted to fill roughly two and tons -half acres in that area. The idea vas that Palo Alto would cbnduct an environmental impact report and present the Corps with a draft report. He recalled that the city did enter into an agreement with Engineering Sciences Company to prepare the environmental impact report, and that work is underway. At the time staff talked to the Corps, it was hoped that the impact report would be completed rapidly so that the permit process could begin, which involves a public hearing and comments ft-CO a Nouri.ety of federal and state agisacies. Mr. Sipel felt staff had been a ' little bit too ambitious in that regard. The report would Loth* completed until November, and that created a problem fok eel/trial of the egeucies; namely, Fish and Game, Wildlife, and Sport Fisheries. These agencies asked the Corps to wilt the city what its plena were for continued filling, and it was then that Mr. Sipel swat with e number of people from a variety of agencies. There were about fifteen people present at the meeting representing the Corps of Engineers, the Department of Fish and Game, and 40M4 other federal and state agencies. A second meeting Wail held at the site vbsre poesibilitiee were looked at for the continued use of the refuse area and at the sages time improve marsh land area that presently exists there. Basically, the problem is that Palo Alto is continuing to fill in S0 1/k2/74 an area that is within the Corps jurisdiction and within an area that the Wildlife and Conservation Agency and local conservationists would like to preserve. Once filled, there is not much that can be done toward putting the area back to marsh. The agreement that has been arrived at, and it is very tentative, is that Palo Alto will be allowed to proceed with an additional two and one-half acres of fill beyond the line that was established for July 1. This will' get the city into December, and by that time staff will have'the consultant's report. That report will be s draft environmental impact report and will identify a variety of alternatives that may be open to the city, Those alternatives will include continuation of fill in the roughly forty acres that staff has identified, the possibility of going to a second lift - in other words adding six to fifteen feet on areas that have already been tilled , and perhaps some other alternatives. In addition to allowing Palo Alto the opportunity to continue filling essentially as it has in the past, the city has agreed to perform mitigation work on the lagoon area adjacent to the duck pond. W. Sipel recalled for Council that a number of months ago, that Palo Alto requested of the county that that area he taken out of the yacht harbor lease line so that the city could pursue the mitigation work. Essentially, he was talking about opening up the lagoon to a freer exchange of water; attd that, in addition to some other measures, would help to -improve the status of that area of the marsh. Further, the city agreed to tursue with the Flood Control District the possibility of some mitigatiou work in the flood basin essentially allowing during the summer months the opportunity for bay water to come into a portion of the flood basin. These two ideas are in line with objectives of the California Department of Fish and Game and the tnited States Bureau of Sport Fisheries and Wildlife. Mx. Sipel said staff would be coming back to Council with more tipecific plans as to hoe this might be done, what it entailed, and what it might cost. He noted that staff' was committed to provide a statua report on the first cf Octeber tb the Corps of Engineers and other agencies that are' interested 'as to where the city stood on the variety of alternatives that they will explore. In addition to the alternative* already mentioned, staff would be exploring the possibility of using other eiatab1ished, existing, legal land fill sites in the area thst could include Mountain View and Menlo Park. Staff would look into some of the iap1icati©ne of second lift, such as trucking roughly sixty to one bubdted thduaand cubic yards of cover material from some undetermined pout tb the refuse area in order to do the work necessary there to cVerply with all the standerda that exist. It is likely that the city's coon LIA system would require that an environmental impact report` be filed on that. At the time the consultant's report comes in, the Council will be faced with a basic decision as to which alternative should be pursued. Conceivably, the city will want to continue pursuing its permit application to fill the area that bat previnuuly been designated; on the other hand, the city may wieh to go to the second lift idea or to pursue some other laid fill site in the short term. Also, some litigation might be pursued. That should not be ruled out, but the first three are more likely. This verbal report will be followed up with anotb.sr report as soon as there is better information to give Council an opportunity to ctemm ent and indicate whether or not it is in support cf tbe ister1:m tioasuree being pursued, W. Sipel reported that b took pains to not cbuese4it Council to anything that had not already been agreed upon, but he wanted Council to know that staff would be conducting some eteraiee that will culminate its a policy position of the Council to do mime work out in the flood basin. f 0 7/22/74 June 4 11.9.7_4. Special Election kesults - Measure 'IB„ Vice Mayor Henderson noted that Council had a report from City Clerk Ann Tanner and the resolutions. The report indicated that Measure "B" did not pass. Adoption of the official election resuits by resblution is required tonight. POTION: Councilman Comstock introduced the following resolution and moved, seconded by Beahrsr its adoption: RESOLUTION NO. 4965 entitled "RESOLUTION OF TRIP- COUNCIL OF THE CITY OF HALO ALTO DECLARING TER RESULTS OF THE SFZiAL ELECTION HELD JUNE 4, 1974 TO CONSIDER t4.EASURE B PING THE CHARTER OF TUE CITY OF PALO ALTO TO PROVIDE FOR RENT CONTROL" The resolution was adopted on a unanimous vote. Re ueet of Councilman Berwald for E ecutive Session re Personnel Matte Vice Mayor Henderson reported that Countil held an Executive Session last week and agreed to set a special meeting scheduled for Tuesday, July 23rd, and this was agreeable to Councilman Berwald. oast of Councilman Rosenbaum for Review of Side�a1k :t.epaGi'r Polic�r C.ouncih,Ar Rosenbaum had noted in his memo chat the sidewalk repair people had come into his neighborhood in June, and there were a number of neighbors there' who really wondered if the work had to be done since they did not feel the sidewalk was in sufficiently bad shape to justify then expense. In line with the Council's efforts to cut down on expenses where possible, he thought it light 'be useful if the sidewalk repair policy were reviewed. MOTION: Councilmen Rosenbaum moved, seconded by Coasetack., that the sidewalk repair policy be referred to the Finance and'Publit Works Committee for review. . • Councilman Berwald felt that one of the reasons the sidewalks were repaired in Councilman Rosenbaummm's neighborhood was because they needed it in the opinion of the staff. Perhaps in that area the staff may have seemed a little profligate; in other areas such as along Walter Hays, there had bean just the opposite reaction since the sidewalk there is in bad condition and the city had decided not to replace that one. Councilman Berwald thought that perhaps just a mane to staff would usuaa theme to review their policy; and coneidering all the work staff had, he was reluctant' to' msove a formal referral to the Finance Committee or to the staff, He suggested that Mr.. Sipel might tall Council orally sometime about the sidewalk policy. 61 7/22/74 Councilwoman Pearson said this seemed to be an ever-present problem in Palo Alto with such questions as which sidewalks should be repaired, in front of whose homes, at what time, who pays, and how much would have to be paid. She felt it was a healthy thing to review the subject once in a while. Councilwoman Pearson said the sidewalk in front of her house had beeb,' repaired two times, and She had nbt felt it was really necessary either time. On the other hand, there ire people who call up' to report that: their sidewalk has never been repai'reci. Also, resident's always wanted to know what the cost would be to them for the repair of a sidewalk. Mr, Sipel reported that there was no longer a charge to residents for sidewalk repair. Councilwoman Pearson noted that in the past a resident` would be assessed for et least half the cost of the sidewalk. Mr. Sipel reported that this whole policy was being reviewed'at the staff level because it does involve a lot of dollar's, and in' terms of volume of complaints the Streets Division gets' more tomplaints on sidewalks than any other thing. He thought that during the course of budget discussions in the next year, staff would be prepared to review this policy. In ninety days or so, they could review what the policy is, give Council some analysis of the comp1zirts received, and give some indication of the legal implications of keeping sidewalks maintained, which is one of the major factors. The staff would also report what the practice is in other cbmmunities. €1e said a lot of the work had already been done so that it was not a major undertaking; but he did not feel sure that it needed to be done out of the context of the normal review of programs that Council was interested in getting involved in. If Council wanted to give him the aseiguxsut, he would be 'nappy to do it; if not, there nay be some polity alternatives that staff would suggest at budget time that would relate to this subject. Councilman Rosenbaum anticipated that the matter would be brought up sometime earlier than the budget, but he thought any policy change would be reflected in the 1974-75 budget discussion►a. The notion passed on the following vote: AYES: Beehrs, Comaitock, Henderson, Pearson, Rosenbaum NOES: Berwald, Clay, Norton Oral. Commuklications aw., � 'liaRs.'• 1. Sigrid Rupp, representing the ARB, said they had received a request from the Council regarding a letter they had sent to Council on the Downtown Beautification. Council had asked for more specificity in regard to 's concerns. If any changes are to be made in the construction, they will have to be trade very soon, or the construction as it is going would have to be lived with for some length of time. The concrete wells, sometimes referred to as "bunkers," are rather high and unwieldy. The pergolas do not have a proper scale. The 6 2 7/22/74 concrete crosswalks are a problem because most of them have been poured, and it may look peculiar tb have two that are not quite like the others.' Therefore, it was ARB's suggestion that nothing be dome to the crosswalks. ARB did not consider items such as light fixtures because they'htrve been ordered and installed. Any changes there would have to be made in an overall re -design, and would not be something that could be chaciged halfway through construct on. With regard to the height of wails, there is still one intersection to pour. It seems that with minor modificationa in tomatruction, the height of the walls could' be cut down by six inches for an overall height of thirty -1k inches. The' ARB felt that the legs of the pergolas .obk:ed rather scrawny fur such a very heavy top. The architect indicated that onus planting had been put in, the appearance would be improved; but the ARB felt if trim piece's were added, the pergolas' would be a little more balanced. It waai the ARB' a ass+ tion that the plantings were not yet complete, and they would address themselves to that at a future tithe. Councilman Comstock cotmented that he had expected tb see in the crosswalks something similar to what is seen in the traffic islands at 'Willow Road and Middlefield Road tehich has a brick -like appearance. He asked Ms. Rupp it th'i's was what she had been think;ng about. Ms. Rupp responded that the ARB had discussed the pbbsthility of bomanite, which is imprinted concrete. If integral coloring had been used, there would have been some definitibtt. �Itt a few years the walkways will l look exactly like the asphalt as a result of -automobile traffic. Councilman Comstock said the City of San Diego had a somewhat similar arrangement of concrete structures and benthee, ar::d those are rather heavily grown up with vines which serve to soften the lines a great deal. He thought that perhaps the vines would grow up -and 'across the peergQla and fill -out the legs with their growth.'He asked staff what kind of growth was anticipated and whet its effect would be. Mr. Sipel stated that with respect to the concrete walls, the Planning Commission specifically requested they be at the heig'tt that currently exists. If Council wanted to take one intersection and shave the height of the wails down by six inches, he felt that could be done. The Planning Coamission considered using bomanite and ruled it out. W. Sipel felt the complaints about the pergolas toad be taken care' of after the project is completed. lie sold he did not have information tonight on the landscaping, but he would get that end repbrt back to Council. Councilwoman Pearson believed the Planning Commission reduced the concrete walla down to their present height, and originally the plans were for even higher ones. She was worried about: - the lack of color, and she was hoping there would be a lot of grew growth. She was in full accord with reducing the walls to a height of thirty-six inches, and she would like'to have trim pieces added to the pergolas. Councilwoman Pearson thought the city wes stuck with the crosswalks. She really liked the brick that was being used, and she was sorry the crosswalks were not brick also. She dressed disappointment that the ARM did not consider what other kind of fixture could be put on the standards for the lights since she personally found these very u npl cant . 6 3 7/22/74 Is. Rupp felt the light fixtures could be taken are of after the project is complete. The other three items raised tonight ace items which are before -the -fact; thetef'ore, something can be done if directions are given. Those hre the items that needed to be add.eseed before they became after -the -fact items. 1 O MOTION: Councilwoman Pearson moved, seconded by Berwald, that staff be directed'to take whatever action is necessary to reduce the concrete walls to 36" and to add trim pieces to the pergolas. Councilman Berwald asked if some of the pergolas were still unfinished. M. Rupp responded affirmatively. Councilman Berwald asked if larger pieces of wood could not be used for the ones that are not up yet, rather than adding trim pieces. Me. Rupp replied that the structures are quite large being' six -by -eights; and they were considering adding a two -by -eight on each end which would add a certain amount of weight tb the appearance. Councilman Berwald asked if all of the walks were in at this time. Ms. Rupp responded that there are two crosswalks nbt yet in', but she ARE Celt it would look strange to have taco 1hbk different from 811 the others. Councilman Berwald asked if the existing walls tai,uld be lowered. Ms. Rupp said that only the new ones would be lowered. Councilman Berwald recalled that he thought he voted for colored walks, and he had fully expected to see colored concrete used. It was his desire to see the crosswalks' in the remaining intersections be colored ones. AMENDMENT: Councilman Berwald moved, seconded by Norton, that the motion be amended to state that the rehaibing'crosswalks be s brick -like color and a non --smooth texture. Councilman Clay asked if these iasuep had been brought to staff or to the Planning Commeiseion. Ms. Rupp responded that they had not been brought before staff or Planning Commission because of the preys of time. There simply was not time to sgendise the subject. They could have gone through all the proper channels, but if they hsd, then Council would be dealing with an after -the -fact affair. b 4 3'22/74 Councilman Clay explained that his concern was that the parties responsible for approval of the present design should have input to any modification's before they' were ratified by Council. He felt the suggeatioha were the right, thing, but he would be more comfortable if there matters had been discussed by the concerned parties. Councilman Clay said the planter hexes were hazardous, and he asked if consideration had beer, give'rc to those. )a. Rupp responded that this was not sotething they took under cox ideration because it was an after -the -fact item. Councilman Clay considered the planter boxes to be the most serious of the problems involved since they could be dangeroua and had already been the source of damage to automobiles.' He stated that these subjects should all be discussed in the proper fashion so that two months from mow, Council does not find itself going o.er the same matters because the Planning commission. for instance, had some differences from the opinions of the ARB. Vice Mayor Henderson asked the City Attorney if it were in order for Council to be entertaining motions during oral communication. Mrc. Booth replied that the action was direction to staff, and it was appropriate. Councilman Beahrs stated he was no leas critical than the ARB, but he felt that it was after the fact one hundred percent. He opposed the motions since be felt it was gore important to preserve the integrity of the general scheme. Councilman B'eahrs recalled that the concrete structures were as high as they were to give protection tc pedestrians, and the Dower height was discarded in the interest of public 'safety. Councilman Rosenbaum noted that it took him d long time to find even one person who was happy with the downtb n beautifica:- tioa. On the other hand, the project was designed by a recognized architect anti approved by the Planning Commission and the Council. He was reluctant, based on the present discussion, to just go ahead and change things. He expressed some concern for the cost that would be involved. Mr. Sipel stated that any time you get into a change order situation with a contractor you can expect to pay a lot more than you would on the open market. He had no idea how much any of the items would cost, but his intuition was they were not costly itaas. When you get into a negotiating situation, however, there is likely to be a cost problem. He said he would report beck to Council regarding the costs involved should the motion pass. 65 7/22/74 1 Councilman Rosenbaum said he was in agreement as long as it was understood that Council was not authorizing this be done, but that it would get a staff report ot the cost. He asked Mr. Knox if it were conceivable that the Planning Commission might be able to spend a few minutes looking at the suggestions and offer their comments. Mx. Knox responded that the Planning Coismiasion was incredibly busy. He stated that he had been personally concerned about the concrete crosswalks, and he took photographs in Berkeley which showed that such crosswalks would be ditty and marked by tires and oil drippings before long. These photographs were shown to the Planning Commission, and he pointed out the lack of color differentiation. Mr. Knox strongly recommended colored bomanite be used, to look like brick; and he specifically pointed out the intersection at Middlefield "end Willow. The Planning Commission's position at that time was that' if the city could not have natural materials that were nut plasticized, then they should got be had. Further, they felt if there could not be real brick in the crosswalks, thee it tught to be concrete with some kind of scoring design to differentiate it from a poured surface. With regard to the height of the concrete walls, the Planning Commission decided that people ought to face away from traffic so they could be shielded from having to look at automobiles, trucks, and buses pawing by. Further, the walls j ere to be high enough to shield people from a visual and sound standpoint. As far as light fixtures were concerned, the globe was considered too simple, for example. The Commission would have a difficult time fitting these eonaidera- tions into their present schedule, His own opinion was that they would be re -plowing old ground. Councilwomae Pearson clarified that her motion is specific, and it is a direction to staff to do soraetning about the pergolas which are too scrawny, and do something about the concrete walls. The feeling was the cost would nothbe too great. AMENDMENT: CounciI'r Rosenbaum moved, seconded by Beahra, that the motion be waded to add that before any action is taken that staff report back to Council on the cost of the proposed changes. Councilman Comstock pointed out that there already was an amendment on the floor, and Councilman RosenbaV a'a aMendment would not be effective without the passage of the first' a ndment and/or the main motion. Vice Mayor Henderson agreed that Council would have to delay Councilman Rosenbaum's amendment until it is seen whether there is a motion passed which would require the figures to be presented to Council. Crystal Gamage, Downtown Palo Alto Itic., stated she thought it might be appropriate to have this matter referred to some sort of a non -staff committee to include the partners in this joint venture, who are the property owners. ' Vice Mayor Hendtreon said Council now had before St Councilman B rwald's amendment to use brick -Like color and a non -smooth texture at the two remaining intersections for the crosswalks. 6 6 7/22/74 The amendment passed on the following vote: AYES: Berwald, Clay, Comstock, Norton, Rosenbaum,' Pearson NOES: Beahrs, Henderson Vice Mayor Henderson noted that Council had before it Councilman Rosenbaum's amendment that staff return to Council with a report on the cost of the changes before any were made. The amendment failed on the following vote: AYES: Beahrs, Clay, Comstock, Rosenbaum NOES: Bervald, Henderson, Pearson, Norton? Vice Mayor Henderson said Council had before it the vbtian to have staff take measures necessary to reduce concrete walls to 36" at the remaining intersection, add trill pieces to the pergolas, and to change the color at the Gros calks at tttb remaining intersections to a brick -like color and eon -smooth textuee. Councilwoman Pearson said she would like to know if staff would consult with the downtown representative. Mr. Sipel responded affirmatively. Councilman Rosenbaum asked if staff w,auld have to cone bac'. to Council with regard to a contract revision because of the cost change. Mr. Sipel said staff had authority to execute change orders up to a certain amount, and he did not contemplate that these changes would be over that amount. He was fairly certain that staff could make change orders up to five percent of the total project, and it was a large project. There presently was money in the change order contingency account, but staff would report back tb Council in any event. - The motion as amended passed on the following vote: AYES: Berwald, Comstock, Rendersbn, Norton, Pearson NOES: Beahrs, Clay, Rosenbaum 2. Mss. Agnes —Robinson, PACDAB Board Member, 1765 Fulton Street, expressed appreciation that the contract for PACDAB had been approved. While she was out of town recently, a good deal of difficulty took place with the Police Department and some of the cltents of PACDAB. PACDAB Board authorized a subcommittee of Board and Collective staff members to make an appointment with Chief Zurcher to talk this smatter over, and that meeting had takers place. She wanted Council to hear PACDAB's report on this meeting. 6 7 7/22/74 Mike Fox, Collective staff member, said that involved in the approval of the original PACDAB program was an agreement between the program and the police that the program would not be cinder surveillance, and clients would not be tailed or harassed. Further, there would be a mutually recognized relationship where people would underatand the drug staff had work to do, and given the nature of their work, it needed to be done in freedom from surveillance of police. Hr. Fox said that about four months ago the drug abuse program began to suffer from two simultaneous things. One was increased police patrols around the program, surveillance, and a breakdown of not a written, but an agreed upon, policy that The Collective would receive a phone call when it was necessary for a large number of police to be in the area, thus cutting down on any problems in advance that could take place. Patrol's started to increase around their builtU ng, but they were not receiving the phone calls. When they tried to find out why there were so many police in the area, they were given little or nb cooperation and were told to atop bothering the department. At the same time this was taking place, they began to get reports from black drop -ins that they were being folio*ed hate at night, stopped consistently, and asked for ID's. Staff members talked to Charlie Walker and Carleen Eedwell, explained their various problems, and asked foe help. Things cooled db'wi for a few days and then started up again. Nt. Fox said a couple of weeks ago there were between six and eleven squad cars across the street where the old police station was. There were a lot of police, and guns were drawn. Staff members waked around the corner by the Round Table, and found four bf their drop -ins surrounded. When asked what happened, the drop -ins said they had hopped a fence in back of the old polite stetson There there was a basketball court. Other people had hopped the fence *.zany times and never had gotten stopped. The police said an anonymous phone call had been made that there wets a burglary going on. The police attitude toward the members of The Collective vas an uncooperative one, when staff was simply trying to inform their clients of their rights. They were upset by the attitude of the police, and they were worried that since duns were drawn, someone could have run and gotten shot. They contacted the City 'wager's Office and 'explained what was happening, they contacted the Board, and they arranged the meeting with Chief Zurcher. At the meeting it was agreed that there was a policy that thf police would call The Collective when they were in the area. The other question was one .6f racism which Mr. Fox felt was clear cut here.' When Collective staff complained about black people being stopped iri the dbwntown area, they have been told there was a high rate of burglaries. It seemed that black people downtown and a high rate bf burglaries was a synonymous phrase. Operation Zebra was also heed at a raison. One of Council's past compla.incs was that Members of The Collective stormed the meetings , but this was an example 9f where they had gone through every available' thannel first. They resolved the phone calls, but the racism question was not resolved. At the meeting with Chief Zurcher, Jackie teRose of Stanford, who is a black member of PACDAB, explained that black people at Stanford were being bothered on the streets at night by the police of Palo Alto, and that the black community at Stanford was very concerned about it. Chief Zurcher suggested that they document the incidents for follow-up, and they planned to document every incident in the future. As a staff the Collective members arcade a decision to go to the newspapers and mss public complaints of what they considered to be racism. • 6 8 7/22/74 Hopefully, by this kind of community pressure, the police officers in Palo Alto will be less apt to stop at random people who are black. Mr. Fox stated that they did not feel there was a conspiracy going on where the police were sitting down with the downtown businesses and deciding to stop black people on the streets, but there was some racism in the businesses downtown. They have had some of their people kicked out and told to get their'black behinds out of some restaurants. Kambozi, 2249 Capital Avenue, East Paiu Alto, said he'was a black person who wotka in Palo Altin at Beuraington's. He stated he was (.topped three or four times a week and asked for an ID; and, as a matter of fact, at the same time every morning. He reported that a staff member had been followed from The Collective down to Middlefield, and a police car came up on the wrong side of the street and shined lights in the car. He.had talked to people in East Palo Alto and found out about an incident where a woman was' standing on the sidewalk and wile told to move on. The altuation With the black students at Stanford University had gotten so bad they did not want to come through town, but preferred to'go all around lust to get back to campus. Mike Fox said they were not asking for formal action because Chief Zurcher had resolved the mechanics of how the police and their building would be taken care of. As to the question of racism, he thought Council needed to deal seriously with the reputation the town was getting from black students at Stanford, black people in East Palo Alto, and frbm The Cblle_c-- tive's drop --ins. He recognized that their drop -ins were not all angels. They were loud aometime3 on the streets, and staff members would tell them to be cool and come in the building or get in their cars and drive away. They were aware that a lot of young people downtown could scare some people, and they dealt with that aspect too. Crystal Gamage, Downtown Palo Alto Inc., represented the downtown merchants and expressed appreciation'to the police for responding to their request to have foot patrolmen downtown since they did have trouble right at the beginning of the construction. For example, the bike shop was robbed three times within a three week period. She said the merchants were unaware of some of the concerns of The Collective. Mrs. Gamage said The Collective had their reasons for wanting the police to serve a certain purpose for their program, and most -of the commercial tenants downtown have other motives for having the police. She reported that Don Douglas, Merchant Chairman, hoped that the level of police visibility would continue'. Chief Zurcher commented that the situation was cs'sentially as Mike Fox reported. The meeting wits held and they diacuaeed some of the problems that 'Rave been Occurring from The Collective's point of view. They agreed to continue the policy of talking to The Collective on the telephone whenever they were gbing to do something iu or around 418 Ramona. As Crystal CaEage pointed out, the increaeed police patrol downtown stetted eomatime in early February mostly as a result of the Downtown Beautification Project which prohibited the use of vehicle patrol in that area. He responded to those who criticized the police far hara►eea nt of blacks that if he were presented with some specifics about s stop -or a contact with a policeman, he would investigate it. If there were some wrongdoing on their part, corrective action would be taken. There was another meeting set for August 2 between Collective staff, PACDAB, and the watch commanders so that they could hear from one another sots couttru+ttive nays of handling problems. 69 7/22/74 Vice Mayor Henderson commented that he had been involved in discussions on this subject for nearly two weeks, and his reading of the meeting involving representatives from PACDAB and The Collective, Chief Zurcher, and other city representatives was that a satisfactory resolution of the problem had been achieved. The police had reaffirmed'their policy relating to 'le Collective and have redistributed th'e printed policy to personnel. He said that with regard to the Tuesday night ' event, a burglary in process was reported, stn that it could not be sutematica1ly assumed that it was tied to an alleged looseness on the police* policy related to The Collective. He understood the feeling of The Collective staff that it was necessary to reassure their clients publicly that they can use the drug abuse- program's servieet without fear of questioning by the police without apparent tease. He felt that the policy that'was set by Council in March of 1972 and the operating procedures of the Police Department in relation to that policy were still fully enforced, and if there had been some slippages in routines, he was satisfied that they were being corrected. Vice Mayor Henderson thanked Mike Fox for his report,• and he felt that everyone had handled this in a really very intelligent manner. Councilman Beahrs recalled that there had been at least one young officer a victim of violence in policing the drug Situation, and he hoped there would be no more in this town. He thought it a horrible tragedy when a young officer and a family than, in the discharge of his sworn duties, was a victim of'stetid viole,.c.'. Councilman Norton said he understood the problem Co be an objection to a "large number of police in the area." He hoped the Police Department was not going to make any kind of an arrangement with The Co11active, Mr. Fox, or anyone aloe that would insulate an area around 418 Ramona from a normal:kind cf police response. He did not think this was inordinate, and in terms of the kind of report that had been tr4ade, the police necessarily have to respond to it whether it be hearsay - well-founded or ill-founded -and they would have to send out an adequate number of policemen. If Mr. Fox were se gesting that he would be 'offended when this happens inhis• block or the two or three blocks surrounding his location, he was sorry. He did not want the Chief of Police to make any deals that would be any different for the block with 418 Ramona in it from any other block in the City of Palo Alto. That was his own opinion and his own feeling, just so that there would not be an unbalanced response at this meeting. 0 Chief Zurcher pointed out that there was no difference in the treatment of the area around The Collective as compared to other areas of town with the exception that they thought keeping The Collective informed as to the policemen in the area, and what they were doing on routine matters, might help the program and provide less of a feeling of insecurity on the part of the staff and their clients. 7 0 7/22/74 Councilman Berwald stated that the policy of March 13, 1972, says "The Palo Alto Police Department will respect the need for drug treatment and rehabilitation facilities to operate in an atmosphere free of intimidation...Stay away from such facilities except when required for inve'st'igation of a crime or apprehension of a criminal, and then obtain an appropriate search warrant; not engage in covert or overt surveillance of drug abuse prevention or treatment p r Miees or in trailing or in otherwise harassing the clients." He assumed that the Police Department had' complied with that, and they had not harassed or trailed or 'engaged in overt or covert surveillance unless there was a cause. Chief Zurcher replied that in keeping with the first sentence of that paragraph, they tried as much as` passible to allow The Collective to operate in an atmosphere free of intimidation. Councilman Berwald asked if there were any agreement other than that. He understood there was an agreement that the police call before they go near the place, or even have the police in the area. fl€ considered that to be an incredible ,request. Chief Zurcher responded that if the police have something to do there, they do not call first and then go to the scene to do it. If in the normal course of responding to a request for police assistance, the watch coa nder has the opportunity to call The Collective and speak with someone in charge, or if the communications center has the opportunity to do that, it was the Police Department's intention to communicate with this people in The Collective so that they have the benefit of knowing why there were so many policemen in the area. Theme might be ties when because of the preen of business, the numbers of people involved, and the heavy'.load on the watch cider, 'that the call might net ire"placed right at the eseseut that so thing happens. But it Was thei"a intention to do that as soon as possible. Councilman Berwald asked if there were an agreement with The Collective or PACDAN to do that or was that just ab ethieg they would try to do when possible. Chief Zurchsr stated they had no agreement with PACDAB or with The Collective, but there was a general order which he issued sometime in 1972 covering the entire 'relatitniehip as nearly as they could define with the CPC and the"RTC that was operating at that time. Councilman Berwald addressed Vice Mayor Henderson and Mr. Sigel, speaking in that way because, he said, the Chief of Police was not elected because it WAS best to not have the Police Department become a political football. He said he van speaking to ice. Sipel as the City Manager. Humber one - he thought the motion that was made on March 13, 1972, was an unnecessary one, and he voted against it at that ties because it meta up a special class of citizen that is treated in a different manner from any other citizen. He wondered when groups asked for this special treatment and asked to be warned when police were in the area what it -was they had to hide. 71 7/22/74 He wondered what the moti,ation was, and he was against it one hundred percent. He thought it was about time that the city treated everybody Alike; and he thought they did; and he thought the Police Department treated everyone alike. He spoke in defense of the Poltee Department when he said he was in total opposition co any kind' oF. a Verbal or written agreement with any group in the city that the police would let that group know when they would be in the"area. It was his opinion that such a policy would come back -to haunt Council, and maybe not in the too distant future. He did not see why this discussion came up just following the eighat'ure of the contract; but he could ohly reiterate that if The Collective wanted sanctuary, they would not gsi it from his vote. He understood why they Wad not want covert or Overt police surveillance or arasament or anything else, and ha did not want .hat either. He suggested that the »11ective night show a little cooperation in inviting the police in and opening up the premises to them, have them cone in fora cup of coffee, show them around,' let them see that they had nothing to hide in there, and that they were running a decent, clean, orderly facility as called upon in the contract, and were doing a good job in drug abuse co eractioni That would be the best way.go handle the police officers. In his opinion, asking for special treatment was a bunch of baloney, and he was not going to support it; and he hoped that someday Mr. Sipel would get away from the type of general order or agren :ent that you make with one special clads of citizen that ;ou do not. sake with any other. There is this myth that addicts smehnw are afraid of the police, and he felt that was another bunch of baloney. Councilwoman Pearson said she got a different message from Mr. Fox, and that is that he is worried about his client's. The people who go in the building who want some asaietanbe are drug abusers,and drug abusers are not brave people. They are scared people. They are usually running floe' ac ething that they may have done which we probably do not app*b've of, but they need assistance, and that is exactly what ths't building is for. She felt Make was afraid that if his cliehts`saw the police sitting in the building having a cup of coffee, they would turn around and run some other place, pethaps lifting a few things in the process and maybe fencing them off someplace else; and there we would be with a few more burglaries. Council- woman Pearson thought the credibility of The Collective with its clients had to be maintained, and the way you maintain it is to make sure that the drug abuser, and that is the person we are trying to help, has the ability to go in the buildin* and speak to the people who are there and get some assurante that he can talk over his problem and maybe get some atselatence. She indicated a} terrific concern regarding the idea that there may be racism in the City of Palo Alto, and she did not want black people harassed in downtown Palo Alto fox any reason whatsoever. it vas her opinion that if someone camas hare and said he was black and was being harassed• by somebody, that Council ought to do something about it. She felt the Chief of Police had responded responsibly. Further, she felt The Collective, who bed told Council that some of their clients who are black feel that they ate being harassed, had the right to tell them about this; and that vas exactly what they were 72 7/22/7►: doing. It was necessary to tcake sure that people have the right to go iu The Collettive and not be harassed by the police, The drug abuser is a certain class of citizen. He needs special help, and he needs all the help the city can give him. She voted for the policy in 1972 because there was overt action by the police against these people who were going into The Collective. This was the kind of action Council wonted to have stopped, and it was stopped. Councilwoman Pearson supported what Mike Fox was doing and thought that The Collective went through the proper channels. She did not think Council should sit there and say that The Collective was doing a poor job. Council gave them a job to try to prevent drug abuse in the City of Palo Alto, and she wanted to be certain the drug abusers could at least get in there and get some help. Councilman Beahrs asked if the Chief and his staff had reasonable belief that there was a dangerous fugitive of the law in The Collective facility or due to report in that facility, would they telephone everyone and risk the lives of their men to go in and apprehend the character. Chief Zurcher responded negatively, If the polite had reason to believe there were such a person in the facility that needed immediate and prompt action, they would likely surround the facility with sufficient men and equipment to hanOle any possibil- ity. And then it was likely, unless it fell under the category of hot pursuit, that they would get a warrant for search or arrest. He felt the telephone call teas important so that everyone on the inside knew what to expett,'and the police could have the advantage of knowing what those on the inside were thinking about doing. He explained that this was something used commonly throughout all the police agencies that handled there things in a reasonable fashion. Councilman Comstock supposed in the hypothetical question which Councilman Beahrs had raised, and given -again the idea of some very dangerous fugitive being in' the building., that there might be a phone call or a call through a Ibudapeakar or something like that depending on what the circumstances were, Chief Zurcher said that is the alternative generally used when one does not know the telephone number of the building that is being inspected. Councilman Comstock noted that Council van in oral Communication. As he saw it, they had heard from the representative of the PACDAB Board, The Collective Staff, and city staff. He commented that he did not see that the exchange in the inewspaper-as a person reaction was productive. He recognized the feeling on the pert of The Collective of the necessity of doing that; but nonetheless', ha did not see that it was productive to' the community. Councilman Coaatock thought the response from the Police Department would have been the same whether or not there had been ; newspaper article. His rractitn was that the reporting of this in the newspaper was really counter- productive, at least as far as the community was concerned. It did not impress him, and a lot of people he knew were not impressed by it either. Further, he did not find the discussion at this meeting particularly helpful. He believed it was perhaps different from earlier exchanges only in that the atmosphere was a little calmer, and Council received a report instead of a request for action. He hoped Council would take a short bre.k and come back well rest d to polish off the rest of the egenda for the evening. 73 7/22/74 Councilman Rosenbaum stated the more serious charge really had nothing to do with the drug prevention center but had to do with the posaible harassment of blacks on the streets. He rioted that members Of the audience had indicated they would in the future provide dbcumentatioa of these events, and the Chief had indicated he Would most assuredly follow up on that, and he expected this to be done. Mrs. Robinson thanked Councilwoman Pearson for her comments. Mrs. Robinson said it was necessary to fate in this society that there is in all of us an institiat1bua1 racism that crop up again and again; and if it is not feted, looked at, and dealt with, she personally thought it would do everybody in. That is why she thought this exchange, although Councilman Comstock felt it was a waste of time, was a good one to ha'ue come out in public. She expressed her appreciation to Council for giving it serious consideration. Mike Fox stated it was a trip to come here, with all of the legitimate channels gone through, and have basically what can only be fairly characterized as potahbts taken at the program by members of the City Council. It was completely ' distorted, with the words "sanctuary„ and "special treatment" being used. PACDAB's program was subject to search Warrants and anything else like any home. They did not claim special treatment of the law, and did not believe they could get it. ?{r. Fox said every time they came to Council with what WAS ' factual, word for word accounts from people, they were told it was frivolous and rhetoric; but if someone from the city made a report, it was considered factual. He noted this kind of exchange is the very kind that produces the feelings that they have about the responsiveness of the Council and the police, Chief Zurcher had been much more responsive to their problems than City Council. Mr. Fox indicated PACD sr had a right to access 'to' the news media of the- tommunity, and they would use it as Council members did. They would not be stifled about speaking their minds.. He said apparently Council would be the first to say it is a free country, and also the first to say The Collective should not go to the papers when it Vented to say something. Adiournmeat,, The adjourned meeting of July 15, 1974 adjourned . at 9:45 p.m., July 22, 1974. Regular ) etin& of Juan 22, 1974 The City Council of the City of Palo Alto met at 10:05 p.m. on July 22, 1974, in a regular meeting with Visa Maybe. Henderson presiding. Present: Beahre, Berwald, Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum Absent: Sher 7 4 7/22/74 Condominium Conversion Study o is and Procedures Committee ,stealEEn ation Dated) 1ti f y 974 Councilwoman Pearson, Chairwoman of the Policy and Procedures Committee, said this Ws a complicated subject, and some of the recommendations would require input from the Planning Department. It was her feeling that it would be wise to wait until there Was a full report from both the Policy and Procedures Committee and from the Planning Department so that the entire iasue could be discussed at one time. MOTION: Councilwoman Pearson moved, seconded by Berwald, that the condominium conversion study be coutitued until Tuesday, September 10, 1974. (Monday, September 9, $s a holiday for -Admissions Day.) The motion to continue passed on the following vote: AYES: Beahrs, Berwald, Clay, Pearson, Henderson, Rosenbaum NOES: Norton ABSENT: Comstock Relu�rom Inter --City Council Committee for Comment on Pro peed Anti -Smoking Ordinance Council am Rosenbaum stated that the purpose of bringing this to Council was to secure a comment which could go back tb ICC. When come enta had been received from all the o^itiee, the ICC would make an attempt to produce an ordinance that the cities would be inclined to pass. Santa Clara passed the ordinance as it stood. On the subject of public meetings, it vas the feeling of the ICC committee that fifty percent of the room should be reserved as a non --smoking section. If this vete adopted, Palo Alto City Council would be free to continua with its complete smoking ban. Speaking about hospitals, Councilman Rosenbanm made it clear there was no intent to aok people who do amoka-to not do eo when they went to the hospital. The provisions mr-e for public areas where there would be a ban on smoking except in specially assigned areas. Further, the hospital would be required to ask patients for a room preference regarding smoking or no smoking, and then make an effort to place people in rooms accordingly. The final provision would be no smoking by visitors in the hospital rooms. With regard to theatres, the ordinance calls for a complete ban. Councilman Rosenbaum mentioned that the very successful Century Theatres had a complete ban on sudeing, and in our own city, Palo Alto Square II permits no poking. For restaurants, the ICC committee has proposed that each restaurant having a 'meting capacity of at least fifty, set aside an area of thirty percent as a no smoking section. Referring to penalties, Councilman Rneenbauii said i:he only requirement of an owner or manager was to post his facilities; and he was not required to be a policeman. It did not appear there would be any state legislation on this subject this year; the pertinent bi.l3. WA rather narrowly defeated. There was some feeling that state legislation on Oil matter would be passed next year. 75 7/22/74 i Vice Mayor Henderson noted that Council had received a report from the City Attorney comparing the provisions in this proposed ordinance with those already in effect in'the City of Palo Alto. Councilman Beahrs stated support of the general purpose; however, he wondered how effective a fifty percent ailatment of space would be in a room which is not subject to fe ced ventilation or air conditioning. —He would suggest all oi'nathing unless there were an air evacuation system. ' ' • Councilwoman Pearson indicated support for this kind of an ordinance, She had noticed, however, that in the past when there would be at -area in a restaurant Ora theatre for non- smokers, those who were smokers received preferential treatment. She hoped this would not be the case under,. the. proposed ordinance. With regard to infractions and penalties, she noticed that the owner who does not post a notit:e is guilty of an infraction, and the person who smokes knowingly is also guilty of an infraction. She asked the City Attorney if the situation were the same in Palo Alto. City Attorney Booth explained there were two classifications in the Municipal Code, the first being misdemeanors punishable by six months in jail, $500.00 fine, or both. •The second classification was an infraction in which the first offense would be punishable by $50.00; the second,' $100.00; and the third, $250.00. Thereafter, the offense is generally treated as a misdemeanor. Mr. Booth said that if Palo Alto were to adopt a similar ordinance, he would propose the same penalties so that they would be uniform throughout the -Municipal Code. Councilwoman Pearson did not feel a $50.00 fine was a 'very big fine if you were talking about a restaurant of a theatre owner. She said she was prepared right now to have Councilman Rosenbaum direct staff to draft an ordinance for the City of Palo Alto that would include those things thet are not preaently in the city's ordinance. Councilman Clay aaeked if hospitals presently regulated emoking areas. Councilman Rosenbaum responded that the policies of the various hospitals in the county differed. Unfortunately, Stanford Hospital is the least cooperative in this area; an►d they' did not offer a bed preference policy. Vice Mayor Henderson agreed with Councilman Beahrs that fifty percent of an area in a public meeting place was not very much, but at least it was a start. He very much liked the bean on theatre smoking, and he hoped that change would be made soon in the Palo Alto regulations. 'ION: Councilman Rosenbaum moved, seconded by Pearson, that a letter be sent to the ICC.etating that Council was generally in favor of the proposed ordinance. 7 b 7/22/74 The emotion passed on the following vote: AYES: Beahrs, Comstock, Henderson, Pearson, Rosenbaum NOES: Berwald, Clay, Norton Urban Oma S ace Action Plan -- ReRort from PPC Liaison Councilwoman Pearson introduced the subject of the Urban Space Action Plan. MOTION: Councilman Berwa1d moved, seconded by Comstock, that this matter of business be labeled 2A an the agenda and taken up at this time. The motion passed on a unanimous vote. Councilwoman Pearson said the report that Council members received in their packets case from the county and was the result of a meeting between. the PPC and a special committee selected from the PPC. They wanted to receive comments from the Planning Commissions and the Councils of the various cities. MOTION: Councilwoman Pearson moved, duly seconded, that the Open Space Action Program, be referred to the Planning Commission for comment and recommendations brought back to the Council, Council's action would then be communicated to the Planning Policy Committee of Santa Clara County. The referral motion passed on a unanimous vote. Amendment to Schedule C --1 of Palo &Ito Utilities Rates and r Char Pert $ to Cae Rate1, CcR:27 MOTION: Councilman Berweld introduced the following resolution and moved, seconded by Comstock, its adoption: RESOLUTION NO. 4966 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENZING SCHEDULE G-1 OF THE CITY OF PALO ALTO UTILITIES RATES MW CI,RGES PERTAINING TO GAS RATES" Vice Mayor Henderson commented that the exhibit shows increases in the last two years of 36.92, but if this were computed on a cumulative basis, the increase is more like 422 in two years tine, These were jui t the tracking cost*, or the costs of the raw materials. Councilmen Pearson wanted to know what ever happened to the motion which she believed Vice Mayor Henderson made some time ego with regard to the more energy you use the more you pay, rater than the more you use the less you pay. The item had to do with both electricity and gas, and she did not remember the subject coming back to Council. i7 7/22/74 Mr. Sipel remembered sending the Council at least one report that related to the concept of demand and elasticity in the utilities area. He did not recall specifically whether staff was doing further work on it or not, but there was nothing in the immediate future of which he was aware, Vice Mayor Henderson felt it would be worthwhile to dig it up, see where it stands, and give Council an opportunity to com et on it. Councilman Rosenbaum recalled receiving a second report from Mt. Deverel in which it was stated there was no Justification for changing the rates in the manner suggested, and that it should be left alone,' The resolution was adopted on the following vote: 1 AYES: Beahrs, Berwald, Clay, Norton, Henderson, Comstock, Rosenbaum NOES: Pearson Resolutions Commendin and Come=ratinii Menlo Park on its One--Hundre,.th Anr*Tversar MOTION: Councilman Comstock introduced the following resolution and moved, seconded by Ierwald, its adoption: RESOLUTION NO. 4967 entitled "RESOLUTION OF THE COUNCIL OF EE CITY OF PALO ALTO COMMENDING AND COMMEMORATING THE CITY OF MENLO PARK, CALIFORNIA ON ITS ON'.. HU DREDTH ANNIVERSARY" The resolution was adopted on a unanimous vote. l$.g i3 o Uafdergrocsnd iJtiliti$s �... Assessment District No. 17 (CMR:426:4 & 437:4) NOTION: Councilman Berweld introduced the following resblution and saved, seconded by Pearson, its adoption: RESOLUTION NO. 4968 entitled "A RESOLLTTIuN OF PRELIMINARY APPROVAL OF EIGYN ' S REPORT" NOTION: Councilman Remold introduced the following resolution and moved, seconded by Pearson, its adoption: RESOLUTION NO. 4969 entitled "A RESOLUTION DESCRIBING PROPOSED BOUNDARIES OF ASSESS- MNT DISTRICT, DIRECTING FILING OF BOUNDARY /''��ANAD . ES���p DIAGRAM AND THE RECORDA- TION OF N:. -‘ICE OS AS$ESSME if1 7/22/74 MOTION: Councilman Berwald introduced the following resolution and moved, seconded by Pearson, its adoption: RESOLUTION NO. 4970 entitled "A RESOLUTION APPOINTING TIME AND PLACE OF HEARING PRO- TESTS IN RELATION TO PROPOSED ACQUISITIONS AND IMPROVEMENTS, AND DIRECTING NO'T'ICE" Councilman Eeahrs recalled that in the last discussion on this subject ?b~. Sipel indicated that the u dergrounding would not be essential or controlling• in this development. Under those circumstances, he saw no reason to vote $40,000 to this project when there are other needs in the city which, in his opinion, should have a greater priority. Vice :Mayor Henderson said it should be understood that the actions under consideration did not actually create a sew underground utiliy district. That action would core before Council at a later date. The three resolutions were adopted on the fo11owing vote: AYES: Berwald, Clay, Comstock, Norton, Henderson, Pearson, Rosenbaum NOES: Beahrs Mitchell Park Library Addition •- Bid its action (CMR:434:4 Vice Mayor Henderson noted there was a staff report fro June Fleming and Charles Walker. Councilman Comstock found himself at odds with staff on this matter. He said that when the results of the recent carpenters' strike were known, the city would be wondering if it would be able to build the library at all. He pointed out that this in an addition that'haa been needed for some time, and the Council had talked about it for some time. The library staff was doing an extraordinary job with facilities they have, and it"was his' opinion that the proposed expansion was wall merited. Councilman Comstock said Council had a series of bids which had been prepared against a consulting engineer's estimate. It appeared that the consulting engineer may have undereatimafed' 4,Fhich is understandable considering the skyrocketing conatrvctibxa coats. One course of action could be to apprbpriate the money to' iieet the loan base bid, which he 'would support. Or perhaps the project could be approved and the City Manager directed to go ahead and negotiate specific change orders. Councilman Comstock suggested that Council not simply reject all the bids and drop the whole thing, which would probably result in a six or eight month gap before something was done again. Councilwoman Pearson's concern was with the fact that everything was going up in cost at such a rapid rate. She celled attention to the fact that the engineer's estimate had been $208,000, 79 7/22/74 and the low bid was $248,369, The big problem was that the project base of $181,000 is what the city has in the budget. She felt the problem might well lie' with the Council for not budgeting enough and not taking into account the great inflation there is. Councilwoman Pearson said that if Council rejected the bid now, and went out for new bida,"in the ensuing time the inflation would aiatply go up even' further so that the new bide would be even higher, and the city would be no further ahead. She was not in favor of eliminating this project or even going out and asking for new bids. fler opinion was that the low bid should be accepted. Vice Mayor Henderson clarified that the low base bid being discussed was $248,000. Councilman Norton agreed with the sentiments that had been expressed. He said the details of the problem were sufficiently nitty-gritty that Council ought not to try to solve them at this Meeting. It WAS his opinion that it would be a responsible action to refer the matter to the Finance and Public Works Committee which Could deal with the budgetary matter and also the public works part of it. He would be comfortable with - that kind of referral on the assumption that the committee' would deal with it s; rily and quickly and return it before inflation again redoubles the cost. Councilman Norton did not feel certain that he could support a motion to go ahead and approve the $248,369 low bid. Mr. Walker reported that staff went through some of the sane considerations that Council was now mentioning, and it wa= not easy for them to arrive at their conclusion of recommending that the bids be rejected since they saw this project as one of very high priority. However, staff did not feel comfortable in recommending that the city proceed with the project for a number of reasons. One of these was that with the recent approval of the budget, $70,000 was added to the project; and the bids were almost thatmuch more again. Staff did not think it would be wise to proceed with the project until they had at least re-examined it to find out if the higher costs justified the recommended improvements. In this case, two outside firma provided estimates that corresponded with the staff estimate; and this, to some degree legitimised what staff felt the estimate for the project should be. Souee of the bidders were bidding on the basis of the total project allocation as opposed to the construction aspect of it, and staff could not be quite sure what impact that had on the magnitude of their bide. The bidders simply understood there was more money available for the construction phase of this contract than is actually the case. Mr. Welker stated there may be some areas where the scope of the project could be reduced without significantly hampering the facility. One exemple of that would be deleting the window lights which is an expensive item. All of these things considered, staff decided to recommend that the bids be rejected. Vic* Mayor Henderson asked Mr. Walker how long it would take staff to get back to Council and what the loss would be because of inflation. 8 0 7/22/74 Mr. Walker responded that coming back with rebids would take somewhere between thirty and suety days. Councilwoman Pearson asked how long the present bids would be good. Mr. Walker replied they would be good until the first week in September. Councilman Berwald said that after hearing from Mr. Walker, he felt the suggestion by Councils en Nortbn' took on a lot of validity. He noted that the lettar'said the difference in the bids was the result of current escalation of costs in material and labor, and now he understood there was another reason. MOTION: Councilman Berwald moved, seconded. by Beahrs, that Mitchell Park Library Expansion be referred to the Finance aid Public Works Committee for an early review. Margaret Stvomquist, 3418 Thomas Drive','asked if the motion under consideration eliminated the possibility of signing the contract tonight and deleting the skylighting in favor of another roof treatment. She expressed her dissent with the report to reject the bids, because eventually this would mean the city would be faced with spending a great deal more for the same project, or elee emasculating the project. She requested Council to consider signing the contract and' negotiate changes rather than spend more money and time. Vice Mayor Henderson explained that the motion before Council was a referral to the Finance and Public Works Committee, and the bid would be good for sixty days. The staff and the Iola bidder would have to talk about what could be cut -don during that time. Councilman Beahrs felt the change which Mrs. Stromquist proposed sounded rether good, and it seemed to hies such a suggestion could be accommodated. However, if there were enough time, he wbuld not oppose the motion. Councilman Rosenbaum said he was puzzled as to what the Committee was supposed to do. He asked what. the Committee wbuld have tb consider and what action would it be likely to take. Councilman Berwald responded that he would like to find alt from the architect if the bid could be accepted with some modification. He elso wanted to know if the difference between the low bid and the consulting engineer's estimate is due to the escalation of the cost of materials and labor, or because the bidders did not beve clearly in mind what they were bidding or:. Further, he said that it bed bean noted Cot;.ncil was not talking about anything but the basic bid, but Alternate B actually lowers the price which was understandable when you substitute aluminum for steel. There was the suggestion that modificrtione could be made, and he did not know if they could be suede in the context of this psrticulsr bid, or whether it would be necessary to go back for new bids. g1 7/22/74 Mr. Sipel explained that staff could not negotiate a bid once it has been received. If you have a seetee of alternates that have been called out in the bid specifications, you can select from those alternates; but the opportunities to do that are rather limited here. The skylight was not something that was delineated as an alternative. His opinion was the only way to reduce the cost would be to put the whole thing out to bid again. Conceivably, Council could appropriate the additional money that represents the construction bid and total project coat, tahith would be something like $70,000. Then, staff could go back to the contractor at a later date and try to negotiate a change order, but in that situation you may not get doper for dollar back. If the item went to Committee, perhaps the architect could come up with same fairly good idea of what savings could be realized if the project were put back out to bid in September or Cfctober. He referred to what the bidders did when they saw the specifications and sav the budget. As Mi. Walker was saying, the bidders thought there was more money on the' table than really existed and tended to do what some members of Council recently suspected was happening. It is very hard to determine hew much is inflation. Councilman Berwald asked Mr. Sipel if staff put the project but to bid again rather quickly, would they get a lower bid. r. Sipel felt some changes would have to be made as well. Staff did not know for sure if they would get a loafer bid if they put the same project out; their guess was that it might be lower. If Council went the rejection route, staff felt some changes would have to be made in the basic projece as' well to realize any meaningful cost savings. Councilman Berwald asked for clarification as to just what the bidders thought they had been bidding on. Mr. Sipel replied they apparently had been bidding on whatever the figure wall in the budget, but that budgeted figure included not only the construction costs but also architectural fees and that sort of thing. Conceivably, some of the contractors saw that dollar amount and used that to assist that in making their bids. Councilman Berwald withdrew his motion to refer. SUBSTITUTE MOTION: Councilman Berwald moved, seconded by Rosenbaum, that all the bids be rejected and the matter be referred to the Finance and Public Works Committee for prompt review of the design specifications. Councilwoman Pearson said these improvements had been gone through before with the Citizens Committee, the people in the area, aad the Finance and Public Works Committee, What was ' needed Was additional stacking space; a reading area, and a multi• -purpose:' facility. That is what the bids were sent out for, and Connell. knew well the hazards c bidding in the public arena, People are going to see what is on the books, assume there is more money there and that is the way they will bid, Councilwoman Pearson did not feel that the city should settle for a lesser quality building than they had originally expected to have. She pointed out that what they hid was a bid that was $49,000 Above the consulting engineer's estimate, and she did not feel that was too much to pay considering that the: estimate had been made in January and six months of inflation was involved right there. She thought the contract should be agreed upon, get things waving, and get the project built. 82 7/22/74 Vice Mayor Henderson was impressed by the statement that the bidders were basing their estimates on incorrect figures; therefore, he would support the motion. The motion passed on the following vote: AYES: Beahrs, 3erwald, Clay, Norton, Henderson, Rosenbaum' NOES: Comstock, Pearson f12a Shartni 0 t_ with CitX of T s Altos, P'ede trian/Bic cle 8, eve Adgo a Creek(CMR: :4) MOTION: Councilean Comstock moved, seconded by Pearson, that Council authorize the Mayor to execute the agreement with the City of Los Altos and find that no significant environmental impact be mane. The motion passed on a unanimous vote. 585 Oxford Northeasterly Corner of Yale Street and Oxford Avenue Tentative Condominium Subdivision ,` Aap2licatior of Paul Kansas CMR:43 MOTION; Councilman Comstock moved, seconded by Pearson, that Council uphold the recommendation of the Planning Commission • to approve the application of Paul Raniss for a tentative condominium subdivision map (6 residential units) for property located at the eortheasterly corner of Yale Street and Oxford Avenue, known as 588 Oxford Avenue, subject to conditions listed in'thq Planning Department staff report of June 21, 1974, find that no significant environmental impact will otter, and add the four additional con- ditions contained in C: :43C:4, dated July 18, 1974. Councilman Comstock expressed his appreciation to staff and Mt. Kaniss for working together on this, and particularly to Mr. Kaniss for being agreeable to hold this over for A week and accepting th* conditions. Councilwoman Pearson expressed her appreciation to Mt. Kaniss also, but she asked staff what happened to the condition that tenants be reimbursed for relocation, and she assUmed there' were tenants involved in this case. Mr. Knox said the Condominium Conversion Study indicates that where conversions of apartment buildings to condominiums are concerned that there be a way to soften the displacement of tenants through the payment of relocation costs, This is not a situation where a building is being converted. There may be units on the property that are being demolished to make way for the new building. Mt. Kaniss noted that voluntarily he offered to pay what he thought would be a fair rate to the termite, which would be a fee equal to one month's rant that they are now paying. Existing units are three older units, but they could not be called low income units; the total rental being $565.00. Besides paying the one mouth's resat, they were going to give the tenants adequate time to find another place to live, perhaps sixty days. 83 7/22/74 AMENDMENT: Councilwoman Pearson moved, duly seconded, that a fifth condition be added to the motion to cover the comments of Mr. Kaniss with regard to softening the displacement of tenants through the payment of one month's rent and the granting of enough time to find another place to lire. Councilman Clay thought this was ridiculous since Mr. Kaniss had already promised to do this, and if this amendment passed they were juat trying to nail him to the wall for reasons that had no substance in Councilman Clay's opinion. The amendment to add a fifth condition regarding relocation failed on the following vote: AYES: Comstock, Henderson, Pearson, Rosenbaum NOES: Beaters, Berwald, Clay, Norton The main motion passed on the following vote: AYES: Beahrs, Berwald, Comstock, Clay, Henderson, Norton, Rosenbaum NOES: Pearson Wilkie Hav Bridge: Bid Award (CHR:418:4) MOTION: Councilman Comstock roved, seconded by Berwald, that Council authorize the Mayor to execute the contract with Bianchi Construction, Inc., and find the project has no significant impact on the environment, and he introduced the.fbilcwing resolution, and moved, seconded by Berwald, that it be adopted: RESOLUTION NO. 4971 entitled "RESOLUTION I. 'Y'i t ?i�'NCII, OF Ti'E CITY OF PALO ALTO FINDING AND DETERMINING THAT THE PUBLIC MEREST AND NECESSITY OF SAID CITY REQUIRE FOR PUBLIC USE CERTAIN LAND LOCATED IN THE CITY OF PALO ALTO, COUNTY OF SANTA CLAR.A, STATE OF CALIFORNIA (ADOBE CRF C -- PEDESTF?IA IBICYCLE BRIDGE AT WILEIE WAY)" • Ellen Pletcher, 3543 Greer Road, expressed concern for a'safe method for bicyclists to reach the San Antonio are* Kra. Fletcher had presented a letter to Council dated July 22,' 1974, attached to which was a petition in support of the Wilkie Why bicycle/ pedestrian bridge. She strongly urged Council to approve the bridge. fir. L. Y. Berman, 4297 Wilkie Way, stated he supported the idea of building the bridge because of the need of safe access to San Antonio; however, he was the new owner of the property that faced the bridge. On reflection, he had become concerned about the increased noise since the bridge was adjacent to his property. Nr. Herman asked if there were any possibility that the bridge could be moved a little further may from his property. 84 7/22/74 His. Carleen Bedwell, Project Manager, stated this had been a very difficult project to put into workable plans. She said staff had struggled with it the attire length of tht creek between El Cassino and Alma; for instance, the property owner of the piece of land the city needs has not agreed to sell. Intruding further into his property area would increase his objection. She appreciated Mr. Berman's point of view, and said the city was trying to preserve as much of the planting as possible which will do something to cut down noise. It was her opinion there were no possibilities for modification. Covnisilm n Beahrs stated that he was in favor of voting for this project and suggested that if there is a noise problem for M. Berman, it could be met in large degree by intenaifying the planting. The motion passed and the resolution was adopted on a unanimous vote. NOTION: Councilman Comstock introduced the following ordinance and moved, seconded by Bekwald, its adoption: 0RDINA1 CE NO. 2801 entitled "ORDINANCE OF TH2 CITY OF PALO ALTO AMENDING THE BUDGET FOR 1974-75 10 lizANSFER THE UNEXPENDED BALANCE OF THE APPROPRIATION FOR PROJEa 70-34, BICYCLE ROUTES AND iRAI1S SYSTEM, PHASE I, TO PROJECT 73-34, BICYCLE ROUTES AND WAILS SYSTEM, PRASE II" The ordinance was adopted on a unanimous vbte. (Norton absent.) ldren's Theatre Project: Bid !jelLtisan (CMR:•112:4) Vice Mayor Henderson noted this item had been continued from July 15, 1974; and Council had in hand the staff report dated July 11, 1974, reco ending rejection of bids. Councilwoman Pearson disagreed with the staff's recommendation. She felt this natter should be approved since not very much extra money was /evolved, and it was important because it was a prbvi"aion for the handicapped. In her opinion, the contractor should do the whole thing; thus getting it done correctly as soon as pbsaible. MOTION: Councilwomen Pearson moved, seconded by Berwald, taut the low bid be aappirbved and the Mayor be authorised to sign the contract, Vice Mayor Henderson said there was a problem in needing a budget ordinance amendment. He asked if that could be approved tonight, or would staff have to come back to Council with a budget change. M*. Sipel replied this could be done tonight, and Mr. Longacre could provide the figure. Mr. Longacre said an addition of $28,667.00 would be required. Mt. Sipel said this meant a decrease of the unappropriated balance of the Capital xsaprov at Fund by a like amount. 85 7/22/74 Councilman Rosenbaum noted that the bids seemed to be right in line with the staff's estimate, so he wondered why they recommended rejection of the bids. fir. Longacre explained that Council authorized a $37,000 project budget, and they felt committed to bring the project in within that dollar figure. They thought they could go back and do some pruning to reduce the scope of the project, and Council needed to know what the reduction would be. The motion, passed on the following vote: AYES: Beahre, Berwald, Clay, Comstock, Henderson, Pearson, Rosenbaum NOES: Norton MOTION: Councilwoman Pearson introduced the following ordinance and roved, seconded by Comstock, its adoption: ORDINANCE NO. 2802 entitled "ORDINANCE OF THE CITY OF PALO ALTO »!ENDING THE BUDGET FOR FISCAL YEAR 1974-75 TO ADD $28,667 FOR I MPROVEM trS AT THE PALO ALTO CHILDREN'S THEATER PROJECT 73.432" The ordinance was adopted on the following vote: AYES: Beahrs, Berwald, Clay, Comstock, Henderson, Pearson, Rosenbaum NOES: Norton MOTION: Councilwoman Pearson moved, seconded by Comstock, that Council find this project has no environmental impact, The motion passed on a unanimous vote. iforaia Avenue Off -Street 3 {tom:407:4} MOTION: Councilman Berwald introduced the following resolution and moved, seconded by Ccsmetock, its approval: RESOLUTION NO.. 4972 entitled "RESOLUTION PRELIXINARILY APPROVING ENGINHKRS REPORT AND FIXING TIME AND PLACE OF 'STARING THEREON UN ER DIVISION 4 OF THE STRUTS AND HIGHWAYS CODE --- CALIFORNIA AVENUE OFF-STREET PARKING PROJECT NO. 71,-63R1 and added that Council hind no adverse environmental impact. Vice Mayor Henderson noted that the fearing was net for October 28, 1914, Councilwoman Pearson asked what had happened to the idea that tip area was going to have low/moderate income erojer_ts, what had heppened to the idea that there would be some cooperation from the county regarding a park, and why did the bond counsel feel that the city could knot landbank In this particular area. 86 7/22/74 Mrs Walker responded that the mini -park project in the California Avenue area was alive and well and funded for the current year. Staff would soon be continuing its discussl.bes with the county as to the location. He explained this was Something discussed at the same time as this project, but it really vas not part of the same project. Re said he guessed he might be reading something into Councilwoman Pea son's comments, and that related to the three duplexes that exist on one of the parcels being purchased. Mr. Walker said this project, too, was really not related to the l,andbanking project; but it was one designated by Council as being one that should proceed, end that was to gain acquisition of the free parcel for parking purposes. The bond counsel's opinion is that if the city is going to buy the parcel for parking purposes and use assessment district funds, the city could not continue the use of the land for housing purposes. Councilwoman Pearson' asked if Parcel 3 was the ohe with the houses. Ha. Walker answered that Parcel 2 was the one with the houses, Councilwoman Pearson asked if the large piece.of land labeled as Parcel 33 was vacant. Air. Walker replied that was already a parking lot, and the one adjacent to it and the let across the street were also parking lots. The California Avenue Business District initially recommended looking at these sites primarily because they represented the most ideal location for future parking structures, Councilwoman Pearson wanted to know which piece bf land was being looked at with regard to a mini -park. Mr. Walker responded that parcel was directly across from the County Court House. A final decision had not been made, but that was the parcel that was earlier discussed. Councilman Rosenbaum recalled that when this was discussed in the Policy and Procedures Committee there was the suggestion that perhaps a parking structure would go there. It seemed to him that there would be a considerable period of time when there would be just study going on as to what might happen, and there did net seem any reason to disturb the houses while the study was being conducted. It now appeared that the bond counsel was saying the houses would have to be knocked down soon, which could result in having an empty lot sitting there for s year or two. I.1r.. Wacker had raised that point with the bond counsel, and hie opinion was that in light of the parking needs study that had been done of the area, that the city could not continue using land that has been purchased for perking purposes for some other use while the studies were goLag on even if this meant clearing the land and making it ay.ileble for parking without signiff cant improvements being made to the land. Councilman Rosenbaum said then, that it time bend counsel's advice were followed, the buildings would have to blis knocked dog, the land covered with a thin coat of asphalt, and immediately alloy people to start parking there. Mr., der replied that the bond counsel said the city could be mandated to do that. To do anything else could apparently lubjact the city to whatever legal action that might be taken. 87 7/22/74 Councilman Rosenbaum stated it was riot obvious who would object. He asked who the injured party would be if the houses were left there while it was decided just what would be done. Mr. Walker responded that theoretically, the people who awake sap the assessment district are the injured parties because it is their money going into the acquisition of the land. He pointed cut there was a date set` fir the hearing, and Council was net making any irrevocable decision; but would be staked to take that decision on October 28. If they wanted to e'tple a such questions with the bond counsel at that time, he would be present. MOTION: Councilwoman Pearson moved that the item ba continued until October 28. The motion died for the .tack of a second. James Walsh, with Wilson, Jones Morton, and Lynch, said he was not familiar with the details of this project. However, in response to the question regarding the destruction of the buildings, there would be no buildings destructed between now and the time of the hearing. He stated that the resolution merely sets the date for the hearing, and at that time questions concerning where the tenants would be relocated could be addressed. Mr. Walsh said that continuing this matter was Council's prerogative, but he saw no need lot doing that in light of the fact that the tearing is the appropriate time to consider such problets. Vice Mayor Henderson felt sure that Mr. Walsh would take the message back to Mr. .Toes as to the concerns of the Council. He would like more information as to who woul i bring suit if ' the houses were left on the land for a period of time. Councilwoman Pearson felt that once you started approving resolutions for the engineer's report, you are really getting all the wheels going. If the parking lot is imminent, then that is something else; but if the city would be dickering with the county about whether a structure would be there, or whether the park would be there, then she felt it was another question entirely. It seemed wrong to her to go in and eliminate houses and relocate people when firm plans had not even been made. Further, everyone knew that working with the county took forever; In her opinion, the bond counsel needed to take into consideration the fatt that this is a new era, and maybe the houses can stay there until all the plans are formulated. At the tine of the hearing, she wanted some answers to her questions and a little more innovative thinking from the bond counsel. The resolution was adopted on a unanimous vote. Q elf c i3a;:wald re ed it se Vat in the Cit Councilman Berweld explained that he put this on the agenda because a number of people had expressed concern over the nui ber of burglaries in Gseensseadow over the past months. He said that when the neighbors had met with hie to discuss the problem, he then went to the Police Department and looked at their daily records; and that gave ham a vivid picture of what the police have to contend with 88 7/22/74- in the city. After meeting with the concerned neighbors and with Police Chief Zurcher, Councilman Berwald concluded: 1) Crimes in Palo Alto represent a serious community problem, with burglaries being a most annoying situation which creates fear and appreheasien; 2) No one is more concerned and willing to work with citizens to ameliorate this problem than Chief Zurcher and the entire personnel of the Police Department; 3) Despite" extensive crime incidence records maintained by the Police Depattn nt and periodic reports of crime trends and atatistica, the Cotnecil and the publib are insufficiently aware of the problem and need to re're1ve more frequent and detailed information about the extent and nature of criminal activity, causes, disposition of cases and preventative and remedial measures being taken; 4) Increased exposure in the media of criminal activity would be beneficial in alerting the public to the types and locations of criminal activity; and 5) That increased, ongoing citizen involvement in assisting the Police Department would be effective in reducing the incidence of crime in Palo Alto. Councilman Berwald noted that the Police Department had conducted neighborhood meetings and advised residents as to bow they cbu.ld make their homes secure against illegal entry. Neighbors are happy to cooperate with these ideas, but they remember the time when they never felt it was necessary to lock their hones, let alone double lock them, or use ,alas saste.ms. MOTION: Councilman Berwald moved, seconded by Beahrs, that' this matter be referred to the City Manager asking him to consider providing the Council opportunity to receive from the Chief of Police a written report with oral comments on the causes, nature, and extent of crime in the city and of measures which are prbving effective in reducing the incidence of crimes;- to consider hbw the citizenry might be further enlisted to assist the Police Department in this matter; and sugryest any policy measures -the Council might take to assist. Councilman Berwald saw the requested report as something like a half an hour when the Chief of Police could talk.' cc} Council and the audience about some of the personal aspects of crime and not just things like FBI statistics. Perhaps this would give Chief Zurcher an opportunity to ask for help from Council or suggest what people might do. Mr. Sipel spoke to the portion of Councilman Berwald'a motion that related to the reporting. Be felt it was, absolutely necessary that Council be informed about community problems, and crime wee certainly one of those: important problems. Staff had thought for same tiaa about the best way to communicate this to Council, and as part of the Service Management System Project where Police and Recreation had bean singled out as two key areas, they would be developing a reporting component. Presently, they were thinking about a report that would go too Council on a quarterly basis; and that would perhaps include -an oral report along with- a written report. On the other hand, perhaps the oral report would be done seal -annually. Mt. Sipel was concerned about aingling out one department, important as the Police Department is, because there were so many other departments which were equally as important to the city in their own way. Staff would like the opportunity to develop a report and get Council's reactions to it. Once a writtsn report had been firmed up that gave Council the kind of information it wanted, than they could go through one oral report deeling with not only police, but other areas as well. He meld if Council wanted an oral report on a monthly basis, staff could give it; but his guess was that after the first one, Council might not want to take that kind of tine. S3 7/22/74 Councilman Berwald reiterated that his motion asked the City Manager to "consider" these things, and he had said "approximately monthly" so that he was indicating all the flex'biiity that Mr. Sipel might want. He encouraged support of the idea of having the Chief of Police give a public report. He agreed with Mr. Sigel that this should be done with the other'depertnents too. Councilwomen Pearson spoke strongly in support of the report being received in written form. Mr. Sipel noted that this kind of thing had been tried in the past, and it had not *worked very well because of full agendas. The press of more important businesas has at tines pushed the staff people out, and they, as a result, had goften a negative attitude toward making lengthy oral presentations. Mr. Sigel could not think of a meeting in the past month when thirty minutes could have been worked in to talk about fire or crime or some other such subject. The motion passed on a unanimous vote. Reeuast of Counc11 an Berwaid re gaedinu Reckless Drivers on Streets in the Greenzxeadow Neighborhood Michael Mallon, 3912 Neiscn Drive, stated teat some of the neighbors had a meeting and they requested him to urge Council to show some interest in this problem. The people in the area hoped that some solution could be worked out in cooperation with the Traffic Engineering Department. Barbara Capoeza, 363 Shasta Drive, expressed real concern for the safety of her children in walking on the sidewalks in the neighborhood. She said the cars are consistently driven above the speed limit, and motorcycle races are commons it was her opinion that stop signs and bums could be used to very good advantage to reduce the hazards to people and property in Greenmeadow. Councilwoman Pearson referred to the proposal she had made some months ago for a Citizens Traffic Commiti::ee, and she mentioned a long list of areas in town that had cone up with ;just the same complaints that the citizens from Greene adow had. Iris Farr, 451 Mob* Piece, complained that the children in the neighborhood are not safe. She reported that cars have gone through fences twice already, and there had been property damage from time to time. Mrs. Parr urged that something be done to reduce the speed of traffic along Nelson Drive. MOTION: Councilman 3erwald moved, seconded by Rosenbaum, that this wetter be referred to staff to promptly address themselves to the melioration of the problem and meet with the neighbors in the process to secure their advice and assistance. The motion to refer to staff passed on a unanimous vote. (Councilman Comstock and Councilman Norton left at 11:45 p.m., and did not return) 90 7/22/74 Request of Councilman Berwald re Request of Mr. b Mts. K. N. Nelson re Use of R cna ino da Park by Non-reidents Vice Mayor Henderson noted receipt of a letter from Mr. and Mrs. K. W. Nelson and one from Mrs. Harold L. May on this subject. Mildred Nelrcn, 1801 Newell Road, stated that residents !.n the area are tired of the abuse, misuse, and over --use of the park by non-residents, She pointed out there was much adverse environmental impact on the park. MOTION: Councilman Berwald moved, seconded by Rosenbaum, them this matter be referred to Staff for a report to Council of staff's appraisal of the problem. Councilman Berwald asked Mr. Sipel if group permits were granted by the city. Mr. Sipel said the ordinance that set this ep a nuober of years ago with the exclusive use program did include Rinconada Park. He did not have specific data on how many park permits had been approved, but his guess was that these people just core in and take over the areas. Councilman Beahrs expressed agreement with lee. Nelson's statements. Mrs. Nelson asked if the exclusive use permit meant that if a resident had a table In the park, he could be displaced by people who came in from another city'. Mr. Sipel responded sffirratively, Councilwoman Pearson asked if it would be worthwhile to have a survey done to find out how many people are from out-of-town. Mr. Sipel thought this would just confirm everyone's opinion that a lot of people from out-of-town use the park. Me felt there were other ways to get that information, such as taking a look at the pool attendance. Councilman Clay said he did not know that the exclusi'ee use policy was court mandated. )tr. Sipel explained that he want to say that the procedures developed for obtaining exclusive use of park areas were Mandated by the courts. The courts said that the city policies were too general, and so an elaborate exclusive use permit prbbedure was developed. All of the parks were included is that ih tone way or another. Councilman Clay asked if exclusive nee permits could be eliminated. )tr, Sipel responded that could be explored. Couacilman Berwald assumed that staff would consider the problem, review the population in the park on certain days, and determine if it is over -crowded. If it is over -crowded, how des that impact on the enjoyment of that park by Palo Alto residents, and bow dose the policy impact on the neighborhood. The motion pissed on a unanimous vote. 1 7/22/74 ,agluest of Councilman Comstock for Resolution Opposing SB27 MOTION: Councilwoman Pearson moved, seconded by Berwald, that this item be continued to the meeting of August 5, 1974. The motion passed on a unanimous vote. Aral Communications 1. Howard W. Lewis, 3367 Kenneth Drive. representing Citizens Against Proposition B, said this group ended their campaign with surpi:aa funds in' hand. Tht gto *.p discussed what should be done with the money, and he wished to report that Citizens Against Proposition B forwarded to John Aurae of the Housing Authority of Santa' Clara County a check for $2,502.bo to help with the Piggyback Program. See pg. 139 MOTION: Councilman Berwaid roved, seconded by Beahrs that staff be directed to prepare a resolution of commendation to this organiz'ation for their generosity. Councilwoman Pearson thought it was nice 'of the group to make the donation, but she objected to the resolution because the city gets gifts all the time and there was no ongoing policy for resolutions each time. She pointed out this was a political group, and she did not feel Council should get involved; and she objected to t'ht motion. Vice Mayor Henderson stated h, a appreciation of the contribu- tion, but he did not feel comfot'table about saying anything further siasce it was a political contribution. He stated he would vote against the motion. The motion passed on the following vote: AYES: Beahes, BErwald, Clay, Rosenbaum NOES: Henderson, Pearson i�dj ournment The regular sleeting of July 22, 1974 adjourned at 12:07 a.m. to 7:00 p.m. Tuesday, July 23, 1974, to meet in Executive Session re personnel, specifically - Council -appointed officers' salaries, a.nd hiring and firing practices. 92 7/22/74 Tuesday, July 23, 1974 The City Council of the City of Palo Alto met at 7:OO p.m. on this data in Executive Session, in an adjourned meeting of July 22, 1974. Present: Beahra, Berwald, Clay, Norton, Comstock, Henderson; Pearson, Rosenbaum Absent: Sher Also Present: City Attorney, Robert K. Booth City Manager, George A. Sipel Discussions took place concerning the City gager and his prerogatives. In addition, the salaries of the four Council -appointed officers were discussed. The adjourned meeting of July 22, /974 was adjourned at 10:45 p.m. on July 23, 1974. ATTEST: APPROVE: City Clerk 9 .3 7/22/74 Vice Mayor