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HomeMy WebLinkAbout02261973MINUTES city of palo alto February 2b, 1973 Ad ourned Meetin of February 12 The City Council of the City of Palo Alto met on this date at 7:30 p.m. to continue the adjourned meeting of February 12, with Mayor Comstock presiding. Present: Beahrs, Berwald, Clark (arrived 7:35 p.m.), Comstock, Henderson, Norton (arrived 7:36 p.m.), Pearson, Rosenbaum, Semen Absent: None Mayor Comstock stated that at the time the meeting was adjourned the City Council was considering item #8 on the agenda concerning the Human Relations Commission/Youth Advisory Council report re allegations concerning police behavior, Hallowe'en, 1972. Mayor Comstock announced that this evening Council would be addressing itself to several matters which had engendered high public interest. He said that Council would allow people who wished to express themselves to do so. After the public had spoken, the matter would be returned to Council for consideration. He stated_that no one would be allowed to interrupt the business before Council and the conduct of the meeting. Penal Code Section 403 pro►dbits the disruption of a public meeting, and he hoped there would be no violation. If disruption did occur, he would announce the disruption and ask that the meeting be brought back to order. If the meeting were not brought back to order, Council would adjourn or recess until order was restored. Persons violating Section 403 of the Penal Code would be prosecuted. Mayor Comstock asked City Attorney Stone if he had with him a copy of the procedural code which describes in further detail the procedures for hearing from the public and specifically the matter cf limits on speaking. City Attorney Stone read Section 2.04.130 of the Palo Alto Municipal Code which limits address to the Council to five minutes and specifies that all remarks be addressed to Council as a body and not to any member. When there is a group of persons representing one point of view on the same subject, it is proper for the presiding officer to request that a spokesman be chosen by the group to address the Council. Mayor Comstock noted that several members of the public had spoken to the Council on February 12th, and asked that any further speakers respect the five minute limit. Proclamation Nami Februa as Scott Month MOTION: Councilman Berwald moved, seconded by Pearson, to consider item #14 out of order. The motion passed on a unanimous vote. Councilman Berwald commented that for the previous meeting which wao continued, and in the ?Mayor°s absence in Oaxaca, he had placed on the agenda the matter of requesting the Mayor to issue a proclamation 1 1 5 6 2/26/73 honoring scouting. The Mayor hes the proclamation and Councilman Berwald asked him to present it to a representative of the scouting organization. Councilman Berwald noted that Warren Merritt, George Wilson, Ski Meshinski, Ray Remmel, and other scout leaders whose names he did not know, were in the audience. Councilman Berwald expressed appreciation on behalf of the Council for the valuable support to the community of the men who are scouts and adult leaders who serve them. Mayor Comstock presented the proclamation to Ski Meshinski. Mr. Meshinski, as district chairman of tha Palo Alto district and on behalf of the scouting family, thanked Council for the support for the month of February and noted that even though February is Scouting Month the support for scouting is for twelve months a year. Human Relations Commission/Youth Adviso Council lie art to Counci Re A e ns atio Conceeeernin o ice avior Ha owe en, 7 Bruce Franklin, 1969 University Avenue, East Palo Alto, said he wanted to refresh Council's memory on what the issue is. It is not the par- ticular incidents of Hallowe'en night, but the political repression being conducted in Palo Alto by the Red Squad, the special investiga- tive unit treaded by Officer Jack Garner. He said that the issue was forced on them and they have to face it in order to keep themselves out of jail because of the activities of this particular unit. They asked Council to conduct an investigation and get at the truth of the matter, but this was turned down in deference to an HRC meeting which concluded with a report which is nonsense. Since then the matter has become more complicated because Marsha Hall and Karen Franklin are still being treated in public documents as criminals. Sergeant Garner took the tape cf Bruce Franklin speaking before the City Council and gave the tape to the FBI, which then forwarded the tap to San L'ernardino where four members of the San Bernardino Sheriff's Department repeated, word for word, the words that he had used in addressing this Council. The official tape of his speaking before the Council was played before Ronald Beaty, and Ronald Beaty said that tape #3 was Franklin. Is the Council going to take the same attitude toward this which happened iu its presence, and the same man who engineered the arrest of his daughter and tried to frame her for a nonexistent crime. This unit which operates under the Council's sanction tries to imprison people because of their politics and political activities. He asked Council to have an investi- gation set up to deal with this and get at the truth. Ed Arnold, 1454 Hamilton Avenue, commented that it seemed to him from what he read in the paper about the last meeting that maybe the Council would appreciate being reminded by a citizen that in this city there are 56,000 people of whom 30,000 are registered voters who expect Council to carry on the business of the city in a reasonable way. He said at times it must seem to Council that those who might be accused of being dedicated to disruption seem to have a number far beyond their actual number. In the case at hand, he said it was his opinion that it was an error to refer the matter to the HRC because, in effect, Council constituted the HRC as a police review board, and the situation should not be operated like that. The police report to the City Manager, and if Council has questions then it should examiste the City Manager and ask him t.i report. He said that if he were on the Council he would like to have a detailed report of the 'early warning system of the Palo Alto Police Department. Allan Panitch, 785 Newell Road, said he would like to speak about the equities of the situation and not causes or blame. A couple of girls 157 2/26/73 were arrested and taken into custody, exposer to public scrutiny, and all that means to a juvenile. They were found innocent of the charges and they in turn have made certain charges against the police depart- ment. The City Council has asked the HRC to look into these charges, and yet it really wasn't these charges that the HRC was asked to look into. HRC's report was equally as philosophical as their charter. Out of all the comments made and reports made, one fact has not come out --that is, an unequivocal statement by the police department that any of the officers were or were not disciplined as a result of these incidents. The question of morale within a police department is an extremely delicate one. On the other hand, there is also a delicate morale problem in the community. When citizens run afoul of the law there are no inhibitions with respect to the publication openly in the paper of their possible involvement. On the other hand, when there is a disciplinary matter involving a police officer, for whatever reason, this is never published. The citizens take it openly and the police department protects itself. The public should have a statement from the Council or police department telling whether or not any police personnel were disciplined as a result of these incidents. Who, how, why, and to what extent. And, possibly, if this information were revealed it would have a leavening effect and let the public feel that what has happened has been rectified to the extent possible. Connie Yu, 424 Lytton, said ,nat for years the Peace Union has urged citizens of the community to join in anti -war demonstrations in the bay area, Many citizens have done so, but in the course of expressing their dissent they have been subject to great surveillance by federal and local agents. The fact that Palo Alto has added a special force to this network of surveillance is outrageous. It is duplicating efforts of surveillance of the federal government. Peace groups a::, well as citizens of the community should show their objection to the existence of the Red Squad and urge that it be abandoned. Mike Fox, 1056 Fife, comne.lted that it 1.5 interesting to note that there is a history in this city that every time citizens attempt to bring up controversial issues there seems to be a who)e dynamic that comes down in the Council Chambers. To support his statement, he quoted passages of articles from the Palo Alto Times of 1970-7t having to do with disruptions at Council meetings. He saw the issue as: when a number of citizens brought a suit ageinst the Bed Squad, the settlement was that there could be no surveillance unless it was of somebody who was suspected of a criminal act. If this City Council can condone the surveillance of people, they must prove: 1) that the Venceremos organization is an illegal organization in- volved in committing acts of conspiracy; and, 2) they must show where it is a matter of record that Karen and Marsha needed aurveillance. When the Police Chief was asked what were the duties of the special investigative unit, he refused to answer. The issue is the illegal surveillance going on in this town. See Page gOe Linda Evans, 747 Sutter, member of Palo Alto Chain of Defense Committee, talked about Officer Criswell and other members of the special investi- gative u lt. In October of 1972 an inmate of Chino Prison escaped from that prison en route to trial. A guard was shot and killed and another guard wounded.. In December, 1972, Beaty was captured on the Oakland Bay Bridge,i In the days after his capture he implicated a number of people. He made .3 deal with the FBI. Many of the implicated people are Palo Alto citizens. Shortly after his arrest side were wade on the homes o£ Palo Alto citizens. Officer Criswell and other members of the special inveetie gative unit were leaders in these raids. They helped San Bernardino County's Sheriff. During these raids Officer Criswell, Officer Garner, and 'other members of the Palo Alto Police Department, made statements to the press about the searches which they conducted. She quoted from the December 21st, 1972, :'3io Alto Times and said that that article constitutes: a trial in one 158 2/26/73 press. S:ie .:i.so quoted from the San Jose Mercury of December 20th, 1972, stating it was another example of how members of the Palo Alto Police Department are making statements to the press and building up are image of the Venceremos organization. This is not the role of the police officers. She said Officer Criswellalso sent files on Venceremos people to San Bernardino. Supposedly, files don't exist, but they turned up in San Bernardino. Lise Giraud, 2200 Byron Street, said she was moved to come up and address Council by the presentation of the person who, earlier, men- tioned 30,000 people who lived in Palo Alto. She said she was appalled to find out about the existence of something like the Red Squad. Many people think of this as a concern of people like Venceremos members who are the prime target of the investigative unit, but it should be a concern of all the people. She found it hard to understand the attitude of the Council. The Council did not see the matter of returning funds to North Vietnam as an appropriate use of tax funds, but Council finds it appro- priate to use tax funds to maintain something like the Red Squad, which is a mini -gestapo. This issue should be aired and discussed in the forth- coming election, and many of the 30,000 voters in Palo Alto should scruti- nize carefully the attitudes of prospective and present Councilmen and women on this issue. Robert Cullenbine, 2875 Ra.Tona Street, said that when he first began attending Council meetings several years ago, the Mayor and Council najority •.•ere c,:nte:_ptuous of citizen participation. If this Council were as conter_ptuous as for7.er councils, the r-eetings might have to be held Th an armed camp. If a person can't see that the present Council ia-trying to let everyone have a fair chance to be heard in the -se weetings, then he thought the person had an unusual perspective of what is going on. He, personally, felt Council was doing a pretty good jcb. "Mayor Corstock referred to his memo to Council dated February 12, 1973, and stated his views about the Hallowe'en activities at Eleanor Park, Hallowe'en arrests, specific formal complaints, and other allegations. He said that because he brought this issue to Council on December 4th he must accept responsibility for requiring the Council to deal with it. It was referred to the Human Relations Commission, as was his intention, and he was grateful for their work and he accepted their findings. He commented that this City Council had gone to extraordinary lengths to afford all citizens the opportunty to address their govern- ment. Council has spent many hours patiently and carefully listening to citizens of the community. 0ftea, when they had already received written records of the same testimony. He felt rhat Cour'il's efforts had been successful in promoting honest, open dialogue between the Council and the community. However, on December 4th his personal reaction was that he found much of what was said to be threatening, untruthful, and specious. He was appalled at what folioed. When Council attempted to discuss the matter many asemeers of the audience abandoned any seifrestraint. Their disruption led Council to recess in an attempt to restore aoae order. Then many of these same people invaded the Council and staff area, perused the personal papers of Co-enci1 and staff, and refused to return to their seats. This behavior did more than just disrupt the meetieg. It was a crude display of intellectual and more/ double standard. He said that he did not intend to abandon his commitment for open gov°ernxeet to the citizens and this Council in order to deal with this type of iisruptive behavior. Ha said that he did intend to see that citizens and the Council have the right to see the functioning of government maintained in Palo Alto. The procedures and ordinances that exist to effectuate this are adequate and will be used as needed. 1'5 9 2/26/73 MOTION: Mayor Comstock moved, seconded by Berwald, that it is the opinion of the Council that no willful wrongdoing or breaches of the law occurred on the part eof the Palo Alto Police Department on Hallowe'en, 1972. The Council supports the City Manager and the Police Chief in the community oriented programs they are developing and the management of the police department. Councilman Berwald asked if Mayor Comstock would consider including the word "constructive" before "community" and inserting "and personnel" after "management." MOTION REVISEE: Mayor Comstock agreed, thus making the notion reap, "It is the opinion of the Council that no willful wrongdoing or breaches of the law occurred on the part of the Palo Alto Police Department on Hallowe'en, 1972. We support the City Manager and the Police Chief in the constuctive community oriented programs they are developing and the manage- ment and personnel of the police department. Councilman Berwald commented that he would encourage the members of the public who have not done so to avail themselves of the opportunity to listen to the tapes or read the minutes of Council meetings, and they would find substantiation of what the Mayor has said. The cotian passed on a unanir:ous vote. Architectural Review Board MOTION: Mayor Comstock introduced the following ordinance and Woved, seconded by Henderson, its adoption: ORDINANCE NO. 2703 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING CHAPTER 16.48 TO THE PALO ALTO MUNICIPAL CODE TO CREATE AN ARCHITECTURAL REVIEW BOARD, SPECIFYING ITS JURISDIC- TION, DUTIES, POWERS, AND STANDARDS FOR REVIEW, AND ANENDINC SECT:Ott 18.88.120(c) OF THE PALO ALTO MUNICIPAL CODE" (first reading 1/29/73) The ordinance was adopted on a unanimous vote. Stop Sign System Updating MOTION: Councilwoman Pearson introduced the following resolution and moved, seconded by Clark, its adoption: RESOLUTION NO. 4705 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING RESOLUTION 4291 CHANGING THE CITYWIDE STOP INTERSECTION SYSTEM AND HAP" Councilwoman Pearson noted that received about Channing, GuJnda and she asked Mr. Noguchi, City care of. a letter dated February 25, 1973 had been and Boyce, signed by eighteen residents, Traffic Engineer, if that would be taken Mr. Noguchi responded that tie had reviewed the petition which was sub- mitted to the Council and he had contacted the petitioners prior to submittal of the petition. They agreed to try the plan Council had before it. The treatment near Boyce Avenue was agreed to by the group. The question of closure of Boyce needs to be looked at in much more depth before it could be recommended. 160 2/26/73 Councilwoman Pearson commented that it was her understanding from reading the report that there would be some more traffic diverting to make it a little more difficult to use Boyce as a through street, and asked if that were correct. Mr. Noguchi affirmed her understanding. Councilman Henderson commented regarding the Seale Avenue -Bret Harte intersection sign. He noted that Seale Avenue and Bret Harte already have a problem caused by the closing of Seale Avenue at Embarcadero. He said, personally, he quickly found that the easiest route to the bay - lands vas going out Seale Avenue to Bret Harte to Embarcadero. This is the easiest way of getting there, which creates a turning problem at Bret Harte and Seale, and another problem at Embarcadero that is more dangerous than the one at Seale. If signs are installed at this corner, traffic will go down Mark Twain. The resolution was adopted on a unanimous vote. American Red Cross/Stanford iJniversit' Blood Center Councilwoman Pearson commented that the new Red Cross/Stanford University Blood Center located ii, Stanford industrial Park on Hillview Avenue is marvelous and needs support of the citizens. MOTIO:: Councilwoman Pearson moved, seconded by Clark, that the City Council commend the staff of the American Red Cross/Stanford University Blood Center, and urge all Palo Altans to actively support this facility by regularly contributing blood. Mayor Comstock also personally urged the citizens to g1ve blood. He said it is painless and a very constructive thing to do. The motion passed on a uraanircus vote. Jordan Junior IIih Honor Orchestra drag______ , _ ■e. ��r® ���s.em'raeer��Irr M� Coencilwoman Pearson noted that the Jordan Junior High Honor Orchestra is going on a concert tour and is trying to raise money. Their trip is imminent and she urged the people of Palo Alto to do whatever they can to support them for their band trip. MOTION: Councilwoman Pearson moved, seconded by Henderson, that Council commend the Jordan Junior High Honor Orchestra on its endeavor and wish them well. The motion passed on a unanimous vote. California Election Laws Councilman Berwald referred to his letter to the Council dated February _6th on the subject of California election laws. MOTION: Councilman Berwaid moved, seconded by Seman, that the matter of election laws be referred to the City Clerk and to the City Attorney for their joint study and recommendation; that they express to the Board of Supervisors, the County Supervisors' Association, the League of California Cities, the City Clerks' Association, the Legislative Elections Committee, 1 6 1 2/26/73 and the Secretary of State, on behalf of the City Council, the city's hope that an orderly examination of California's Election Code be undertaken and that citizen support be enlisted to increase voter respect for volun- tary compliance with the laws respecting the right of franchise and to ensure honest elections. Councilman Berwald acknowledged receipt of a letter from City Clerk Ann Tanner which enclosed a copy of Senator Dymally's SB 98 and SCR 8 relating to registration of voters. Councilwoman Pearson suggested the burden of the City Clerk and City Attorney doing a joint study on election practices be deleted from the motion. She said the Council communicates with the Board of Supervisors and the County Supervisors' Association through the Mayor. She said if the City Clerk and City Attorney were deleted from the motion, she would be happy to vote for it. Councilman Berwald said he had discussed the matter with the City Clerk and he believed that the City Clerks' Association was interested in pursuing the matter and didn't think it would be a burden but a con- tinuing activity on the part of the City Clerk with assistance from the City Attorney to encourage these organizations to do what they can and to keep Council advised. See Page 182 See Page 182 Councilman Rosenbaum felt that there was sufficient local impact th,it Council should do this. He asked if Councilwoman Pearson were concerned about asking staff to devote some time to a matter that is beyond Council's legislative purview. He suggested she might be concerned that Council would be accused of trying to run state government or push personal political views that current legislation laws are too lax. Councilman Berwald commented that he did not feel there was any danger of that. Hone.3t and effectively administered electoral laws are nec- esary to the function of municipal government also. He did not perceive this as a giant lobbying effort. He saw it as the city making certain some additional safeguards might be available. City clerks and county registrars are concerned that one of the chief weaknesses is that "residence" is interpreted as a state of wind, because the word "intent" is used. It is difficult to administer, and it may be that a statewide electoral law might need to be imposed. He said he would not want to go beyond advocacy of making certain that the .interest of honest city elections are maximized. AMENDMENT: Councilwoman Pearson n'oved, seconded by Beahrs, to amend the motion to delete the words "to the City Clerk and to the City Attorney for their joint study snd recommendation that they express." Councilman Beahrs commented that he thought this might be premature and probably should come up on the next agenda. He asked the City Clerk if the disqualified signatures for the Bach Mai Hospital initiative petition were not an unusual number. To him the number seemed excessive. He asked if there were a report from the County Registrar of Voters, as he felt that it was an unacceptable ratio. City Clerk Ann Tanner responded that the Registrar of Voters did not indicate in any way that this was an unusual number. 1 6 2 2/26/73 The amendment passed on the following vote: Ayes: Beahrs, Comstock, Henderson, Norton, Pearson Noes: Berwald, Clark, Rosenbaum, Seman The motion as amended passed on a unanimous vote. MOTION: Councilman Berwald moved, seconded by Rosenbaum, that Council ask the City Attorney to report on SB 230. The motion passed on a unanimous vote. Ural Communications 1. Allan Panitch, 785 Newell Road, said he felt that when the public was invited to speak to the Council on the matters on the agenda that this was a serious invitation, and because of that he wade a special trip here to speak to the Council on the Hallowe'en inci- dents. He said that if he had written a letter he would have gotten a reasonably courteous reply. Instead, he spoke here and other people spoke and when they were through the Mayor read a prepared statement, and in a matter of a minute or so the preparei statement was acted upon by the Council members. He felt he had been made a fool of; that he had been used by the Council and ignored by a prepared statement that the Mayor had when he walked in. He said perhaps Council was so uptight over what happened on December 4th that it was going to get even by ignoring in advance any comments from any ctti, en subsequent to that time. He asserted Council came tonight prepared co pass the resolution, prepared to ignore and prepared to make fools out of the citizens who came to speak, feeling there was some relationship between their elected representatives and themselves. 2. Mike Fox, 1058 Fife Street, said that he did not have any illusions that anything they say would have any effect on Council's conduct. He said they had a situation where the Mayor of Palo Alto was willing to make a statement on the testimony of a person accused of a crime, when four people have stated that they had almost beer run over. He said back at the first meeting on this subject Mayor Comstock issued the people in the audience a challenge to either shut up or prove theft point. One of the points they were making was that the arrests were phony. He said it was proved so easily that they did not even put on a defense. He said if their state- ments are so frivolous, why were they able to prove so easily in court the innocence of the people. He said they had learned torsi, ;ht that the Council supports the police department. It is a go-aheai for the special investigative unit to car -y on their activities with :gore intensity. He said Venceremos does not intend to have its survival threatened by this special investigative unit. They will defend themselves. They are more sure than ever before that their ideas about their need to defend themselves are true and strong and right. 3. Douglas Mattern, 2671 Southcourt, stated he felt it was necessary_ to come here for the reason that he was one of the plaintiffs in the Red Squad suit its 1970. He said then parents were phoning him at night because their children were being followed, and now he is getting these calls from parents who say their children are being 1 6 3 2/26/73 followed and harassed by the police. He felt Council had an obli- gation to look into it and have an investigation of what is going on. The police department was proved wrong in the past. He said Council should not accept these things at face value, but conduct its own investigation. Council should to .k into it more deeply. 4. Shelley Johnston, 1969 University Avenue, East Palo Alto, asked what Council would call constructive community work and what it calls "frivolous." She said Officer Criswell "busted" her in San Francisco. He recognized her and then put out a warrant for her arrest. She was stopped twice and let go because they said they had recalled the warrant, but then she was stopped again and arrested on it. She said she has a police record two inches thick for that one arrest, which was for intent to commit malicious mis- chief. She asked why is it "frivolous" for them to come here and tell Council that although they had been proven innocent time and time again, they are still being accused of absurd charges. She said they don't want to be proved innocent, but they say that Criswell and his gang are guilty and Council should conduct an investigation. 5. Bruce Franklin, 1969 University Avenue, East Palo Alto, said that this interesting spectacle proves that their political analysis 1.3 correct. The real arrogance and contempt came from the nine Council members who in response to their presentation of facts dismissed all of them as "frivolius" allegations. He said what Council had done tonight is a perfect example of what the state apparatus always does in this country and why facisia has to be the policy. Mayor Comstock called Mr. Franklin out of order and informed him that he was disrupting the meeting. 6. Alicia McMichael, 1102 Ramona, said that Mayor Comstock felt that any allegations that members of the community brought against the police were untrue, but the incident of Officer Eberlein attempting to run over four people was admitted by Police Chief Zurcher to her father. She said that Council obviously did not ask Chief Zurcher or he would have told them that the incident was true. 7. Jane Franklin, 1969 University Avenue, East Palo Alto, said that she hadn't intended to speak because it doesn't do any good, but because Council laid out some misleading facts she felt she should clarify one thing. She came here as a mother of a daughter who the police in Palo Alto had arrested and wrongfully charged. She asked Coenci1 to investigate the two charges that the girls had been arrested on. Council promised an investigation would be made and she understood that it would be completed before the charges were sent on to the probation department at the court. That was not the case. They expected that the next stop would be an HHRC investigation. Instead, they received letters from the probation _4epartment asking theca to come in and said they were sending it on to court. That is why on December 4th a group came to Council, righteouvly angry, because instead of the city taking the responsibility that it should have taken to drop the charges, it went to court. She said an December 4th when Mayor Comstock said, "Are you making a charge?" they took him up on► the challenge, yet nothing has ever come of that charge. They have not been able to bring about that arrest. 1 6 4 2/26/73 8. Kathy Stewart, 1111 Emerson, said that probably Council members were going to go home tonight and feel glad that this was over, but as long as Officer Criswell is on the special investigative unit and as long as that unit continues to do what it is doing this issue will not be over. Mayor Comstock commented that a number of statements had been made this evening attempting to create the impression that the City Council asked for a report, read it, and ratified it, and Council had not engaged itself in the matter. He said speaking for himself, other members of the Council, and the HRC, they spent hundreds of hours on this matter. Many meetings were held and many questions were asked and reports developed in response to these questions. They looked at the evidence for themselves. They grilled the Police Chief extensively on this matter. The meeting of February 12th, when the matter was being discussed, adjourned because of the lateness of the hour. He said indeed he had a statement ready. It was not an attempt to make a fcol out of anyone, but the statements were made that evening and the concerns that were expressed he had heard on a number of occasions. Councilcan Berwald stated that he would like to respond to two people. He said he did not know if Mrs, Giraud hed talked to anyone else, but to staff's knowledge she had never talked to them. When people get up before Council they can mislead those who are just stepping into this issue for the first time that there is only one side: He said he did not know any Council members or staff who were not ready to discuss complaints from a citizen. He slid he had not talked to Mt. Panitch, but :ors. Panitch called the other day and he spoke to her for almost an hour. The thrust of her comments was "Let the children grow up, and they will grow out of it." He said some of the people here taatight are not children. The main point Mr. Panitch made is that those who are "guilty" should be disciplined and repri- manded in public, and public notice should be evade. That kind of suggestion is rather uncivilized, as it would take personnel matters, which under the Brown Act are confidential, and cake theta public. He said Council had not made up its mind, nor was it trying to make fools of anyone. 9. Mrs. Panitch rebutted that she did not discuss them as children. She said she made refsrence to young women and juveniles and said they still had a chance to develop, and perhaps if we gave them a chance they might be good citizens as adults. She felt that there was a chance to take all of the young people in this town and do something where they will come out as good, matureadults. It is too bad that Council did what it did tonight. It has hurt every young person in this town. With respect to her conver- sation with Councilman Berwald, she stated that he said that the police had been reprimanded and this was general knowledge. She said she did not know it was general knowledge and she would like to know which police were reprimanded and when and for what reasons, The San Francisco Chronicle regularly reports when the San Francisco Police are reprimanded. This is not an unusual situation. If you are going to have juveniles paraded s n front of you, you eauld have adult policemen given the same ccnsideratton and shown for what they are. In reports from the young people she had heard the same policemen's names mentioned over and over as being seductive with these young worms and all kinds of improper action. An open investigation is appropriate. See Page 182 165 2/26/73 Mayor Comstock stated tha_ oral communications were concluded, and this concluded the agenda of the February 12th meeting. Adjournment The meeting adjourned at 9:15 p.m. * * * * * * * * * * * * The City Council of the City of Palo Alto met on this date in a regular meeting at 9:17 p.m. with Mayor Comstock presiding. Present: Beahrs, Berwald, Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Semen Absent: None Cl.t Council Meetin of March 5 Cancelled emeeeeeeeemeen Mayor Comstock stated that four Council members would be absent on March 5th. LOTION: Mayor Comstock moved, seconded by Berwald, that the City Council reeting of March 5th be cancelled, he motion passed on a unanimous vot,.. Minutes of February 7th, 1973 MOTION: Councilman Beahrs moved, seconded by Comstock, that the minutes of the February 7th joint meeting of the City Council and the Planning Commission be approved as submitted. The motion passed on a unanimous vote. Minutes of Februa 12th 1973 Mayor Comstock noted that on page 135, third paragraph, the spelling of Mr. Dan Lion's name is incorrect. "Lyon" should be changed to "Lion." On page 146, last paragraph, "Ray Whitt" should be "Ray Witt." On page 148 the amendment in the last paragraph, "18 feet" should reed "13 feet." On page 141, last paragraph, after 'Councilman Henderson expressed regret that Councilwoman Pearson was not peesent" Councilman Henderson asked that the words be added "to seeak to the charges made against her this evening." On pegs 142, fourth line from the bottom, Councilman Henderson requested the addition of another sentence to read, "Councilman Henderson then listed a number of Mr. Reller's zeal estate. and management involvement." On pa8e 147, the next to the bottom paragraph, Councilman Henderson requested that that paragraph be worded as follows. "Councilman Henderson said h* would like to set the record straight and clarify that the Housing Corpo- ration did look at this property as recorded in its December 15, 1971, minutes and stated that the location is appropriate for a low to moderate - income housing. In April, 1972, when the Oliver proposal was being con- sidered, the Houairg Corporation stated the Council should require some 233 units at this site." Councilman Beahrs asked that on page 139, third paragraph, fourth line, the word "public" should be changed to "productive." 166 2/26/73 On page 122, the fifth line u'.der "Conservation Program," Councilman Rosenbaum requested that before the sentence beginning "It was the feeling..." the phrase should be inserted "with respect to housing rehabilitation." On page 143, at the end of the first paragraph, Councilman Berwald requested the following be inserted "Councilman Berwald responded by reciting directly from the tape of this portion of the meeting in question." On Page 136, seventh line, C.W. Noble requested that the word "not" be inserted before "hard" making the phrase read "It was not hard to see." MOTION: Mayor Comstock moved, seconded by Henderson, that the minutes be approved as corrected. The motion passed on a unanimous vote. Consideration of Remaining A$enda Items Mayor Comstock stated that Council had before it an agenda of some 17 items. He had consulted staff, and staff's opinion was that items 1, 11, 12, 13, 15, 16, and 17 were essential to be considered tonight. Since those items may consume a great deal of the time remaining, and Council had two com- mittee meetings scheduled Tuesday night, he felt Council might desire to adjourn at a relatively reasonable hour. He did rot feel that Council could deal with all the items on the total agenda. MOTION: Mayor Comstock roved, secended by Norton, that item 2 be brought up out of order for the purpose of continuacce. The motion passed on a unanimous vote. MOTION: Mayor Comstock movfgd, seconded by J eiwald, that item 2, the retire- ment of Felix Ringor, be :ontinued to the meeting of March 12th. The motion parried by unanimous vote. MOTION: Mayor Comstock moved, seconded by Semen, that item 3 be brought up out of order for the purpose of continuance. The Motion passed on a unanimous vote. MOTION: Mayor Comstock moved, seconded by Berwald, that item 3, the recom- mendation of the Finance and Public Works Committee re contract, be con- tinued to the meeting of March 12th. The motion passed on a unanimous vote. Councilman Clark suggested that perhaps there it.eme could be brought up in a bloc instead of individually. Mayor Comstock responded that perhaps this could be done w1(. the exception of item 8 on which he had indication from some Council members that they did not wish to continue. MOTION: Mayor Comstock moved, seconded by 13eahrs, that items 4 through 7, recommendations frua% the Planning Commission, be brought up out of order for the purpose of continuance. The motion passed on a unanimous vote. 1 6 7 2/26/73 MOTION: Mayor Comstock moved, duly seconded, that items 4 through 7, Planning Commission recommendations, be continued to the meeting of March 12. The motion passed on a unanimous vote. MOTION: Councilman Berwald moved, seconded by Beahrs, that item 8 be brought up out of order for the purpose of continuance. The motion passed on the following vote: Ayes: Beahrs, Berwald, Clark, Rosenbaum, Semen Noes: Comstock, Henderson, Norton, Pearson MOTION: Councilman Berwald moved, duly seconded, that item 8, reclassifi- cation of properties --Coyote Hill, be continued to the meeting of March 12. The motion passed on the following vote: Ayes: Beahrs, Berwald, Clark, Rosenbaum, Semen Noes: Comstock, Henderson, Norton, Pearson MOTION: Councilwoman Pearson moved, seconded by Norton, that items 9 and 10 be brought up out of order for the purpose of c.ontinnuar.ce. The motion passed on a unanimous vote. R:OTION: Mayor Comstock moved, seconded by Pearson, that items 9 and 10, Planning Commission recommendations, be continued to the meeting of March 12. Councilman Berwald commented that delay would hold up a construotion project. Mayor Comstock responded that that was also true on other items. The motion passed on a unanimous vote. MOTION: Mayor Comstock moved, seconded by Semen, that item 14 be brought up out of order for the purpose of continuance. The motion passed on a unanimous vote. MOTION: Councilwoman Sei an moved, seconded by Norton, that item 14, proposed industrial waste rules atnd regulations and treatment charges, be continued to the meeting of March 12th. The motion passed on a unanimous vote. (The Council recessed from 9:40 to 9:50 p.m.) Public Hearin to Establish an A riculturaal Preserve coat ono+ or ac us ono ex n in as reserve a ut.. or z t o xescut on o Corso ovation tontraacts Mayor Comstock declared the puslic hearing open and asked if any pro- tests had been received. City Clerk Ann Tanner responded that there were no written protests. 1 6 8 2/26/73 City Attorney Stone stated that the Palo Alto Hills Golf and Country Club, Inc. had requested a 60 -day continuance. Applicant had been notified that the continuance night preclude any tax relief for this year. MOTION: Mayor Comstock moved, seconded by Beahrs, that Item ib., application of Palo Alto Hills Golf and Country Club, Inc., Assessors Parcel Nos. 182-35-035 and 182-35--008, be continued to the City Council meeting closest to sixty days from this date. Councilman Berwald asked if the applicant understood his position with respect to tax relief for this year. City Attorney Stone responded affirmatively. The motion to continue passed on a unanimous vote. Mayor Comstock declared the public hearing closed. MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Pearson, its adoption: RESOLUTION NO. 4706 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ESTABLISHING AN AGRICULTURAL PRESERVE WITHIN THE CITY OF PALO ALTO AND AUTHORIZING THE EXECUTION OF LAND CON- SERVATION CONTRACT (WILLIAM H. AND PATRICIA M. SMITH)" Councilman Bears asked if any of the parcels under consideration were the subject of litigation with the city. City Attorney Stone said there were none. The resolution was adopted on a unanimous vote. MOTION: Councilwoman Pearson introduced the following resolution and moved, seconded by Norton, its adoption: RESOLUTION N0. 4707 ENT!TLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ESTABLISHING AN AGRICULTURAL PRESERVE WITHIN THE CITY OF PALO ALTO AND AUTHORIZING THE EXECUTION OF A LAND CONSERVATION CONTRACT (IRENE V. AND SHARON L. FOGARTY )" The resolution was adopted on a unanimous vote. MOTION: Councilwoman Pearson introduced the following resolution and moved, seconded by Henderson, its adoption: RESOLUTION NO. 4708 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ESTABLISHING AN AGRICULTURAL PRESERVE WITHIN THE CITY OF PALO ALTO AND AUTHORIZII:G THE EXECUTION OF LAND CON- SERVATION CONTRACT (DARLENE DAWN SM TH)" The resolution was adopted on a unanimous vote. NOTION: Councilwoman Pearson introduced the following resolution and moved, seconded by Norton, its adoption: RESOLUTION NO. 4709 ENTITLED "RESOLUTION OF THE COUNCIL 05 THE CITY OF PALO ALTO ESTABLISHING AN AGRICULTURAL PRESERVE WITHIN THE CITY OF PALO ALTO AND AUTHORIZING THE EXECUTION OF LAND CON- SERVATION CONTRACT (LELAND STANFORD JUNIOR UNIVERSITY)" 169 2/26/73 Mayor Comstock stated that he wished to comment before Council voted. This matter has been of long and abiding interest to the city and has been the subject of innumerable discussions between Council, staff, and Stanford representatives. It has been the subject of many public statements by members of the Council and a subject of ongoing concern. He seid he was grateful that the city had been able to work out this arrangement with its landlord. The resolution was adopted on a unanimous vote. Amendment to Lease A reement Between tan or an Cit amino Park Lands MOTION: Mayor Comstock moved, seconded by Pearson, that the second amendment of the lease be approved. The motion passed on a unanimous vote. Palo Alto Urban Develo ment/O en S ace Pla Ma (CMR:614:3) Mayor Comstock noted that Council had received minutes of the Planning Commission, minutes of the joint Planning Commission/City Council meeting, and the Planning Commission report. Also, a letter had been received from Miupeninsula Regional Park District which included action by that group urging cities to adopt Urban Service Areas in the Urban Development/Open Space Plan which reflect only those lands on which to city supporta and encourages development in the next five years; and that those lands which the city wishes the Midpeninsula Regional Park District to consider as possible open apace resources be categorized as Urban Transition or Non -Urban Open Space. MOTION: Councilwoman ?asrson moved, seconded by Norton, that Council: a) Adopt the Palo Alto Urban Development/Open Space Plan Map and submit the map Co the Santa Clara County Planning Policy Com- mittee for incorporation into the final countywide UD/OS Plan; b) Adopt the Urban Service Area boundaries, which are part of the Palo Alto UD/OS Map, and submit to the Local Agency Formation Commission; and c) Adopt the Urban Development/Open Space Definitions and Policies as revised by the Planning Commission. Councilman Clark ncted that item #8 was continued and asked .if part of a) did not include Coyote Hill, where there may still be scare discussion as to how this should be handled. Planning Commission Chairman Mary Gordon replied that the Planning Com- mission acted on item #8, the rezoning of Coyote Hill, prior to the time they acted on the UD/OS plan now before the Council. Mayor Comstock thought Councilman Clark's questicn basically was whether or not there was conflict and if it would be all right to act on this even though action had not been taken on item #8. Planning Diractor Knox commented that even if the zoning action on Coyote Hill were not taken by Council, there are still scenic restric- tions on the development of this land, and the UD/OS map recommendation is consistent with those restrictions to development. 170 2/26/73 Councilman Clark still thought there should be some discussion as to whether this portion is permanent open space. He asked if a represen- tative of the university wished to speak to it. Michael Hudnall, an attorney employed by Stanford University, said that there was a relationship between this item and item #8. Since item #8 was continued, he wished to make some remarks about the item now before Council. Stanford supports the Planning Commission recommendation, except with respect to the lands designated permanent open space in the Planning Commission recommendation. The university felt that all of these lands should be designated Urban Transition/Long-Term Open Space. That desig- nation would appear to be much better suited to the particular lands in question, he said, particularly the Coyote Hill lands which are subject to the scenic restrictions granted as part of the Green Foothills settle- ment. The definition of Urban Transition/Long-Term Open Space says it includes both lands which may be suitable for urbanization but for which no development plans have been made, and lands which may eventually become Permanent Open Space but are not classified as such at the present time. The definition also says this type of land is land that should be retained in its present state because of its use as a managed resource contributing to the well-being of the general community. The definition then specifically mentions that certain large landholdings with scenic beauty might be characterized as Long -Term Open Space, and that institu- tional research and testing areas might also be so categorized. The definition of Permanent Open Space is very vague and extremely restrictive. It covers lands en which development is to be limited or prohibited for reasons of public health, welfare, and safety. If the Stanford lands are designated in that category, Stanford hopes that Cou-cil understands that the university may need to use some of those lands for academic purposes and would hope that the words "limited development" would include academic use. Regarding Coyote Hill lots, the scenic restrictions that the university agreed to give the city as part of the settlement contemplated a limited time period --20 years for three of the lots and 51 years for the fourth lot. Stanford feels that is Long -Term Open Space, not Permanent Open Space. The fact teat there is a fixed term should cause the city to classify the lots as Long -Term Open Space. Also, the lots were zoned for industrial use and have been developed to some extent for industrial use. Approximately $237,000 in site improvements is attributable to those lands, and taxes since 1960 have amounted to $109,700 based on industrial use. To put the lots into Permanent Open Space would discourage the kind of voluntary arrangement Stanford wade to settle the Green Foothills litigation. They feel most strongly about the 13.4 acres known as Parcel 1 ou the north side of Coyote Hill Road. AMENDMENT: Councilman Clark moved, seconded by Berwald, that the recom- mendation of the Planning Commission be accepted with the following modi- fication: that the Stanford lands Coyote Hill Lots 1, 2, and 3 in Parcel 1, Stanford south, and D.C. Powers Laboratory be designated as Urban Transition/ Long -Term Open Space. Councilman Seahrs asked Mr. Knox if he had any concern for the impact of this amendment with respect to the hearing on item #8. Mr. Knox replied that he uid not. Councilwoman Pearson asked how often the county updates its Urban Develop- ment and Open Space maps, and are creek sides public property, Mr. Knox replied that the county says it will attempt to update this map every year. 1 7 1 2/26/73 Councilwoman Pearson stated that she saw no reason for not doing whet the Planning Commission is asking now, since Council will probably be looking at the UD/OS map every other year. The amendment failed on the following vote: Ayes: Beahrs, Berwald, Clark Noes: Comstock, Henderson, Norton, Pearson, Rosenbaum, Semen Planning Director Knox commented that staff had discovered one incon- sistency. Up to now El Camino Park had been shown as Long -Term Open Space. In the final recommendations, the park was overlooked. El Camino Park should be treated in the same way as Coyote. mill. The Coyote Hill parcels are shown as Permanent Open Space because of scenic restrictions. El Camino Park is under a long term lease, is essentially in the same category, and should be designated as Permanent Open Space. The map has been corrected to show El Camino Park as Permanent Open Space, which is different from what the Planning Commission recommended. AMENDMENT: Vice Mayor Norton moved, seconded by Beahrs, that Council awend the map as recommended by the Planning Commission to show El Camino Park as an area to be designated for Permanent Open Space. The amendment passed un a unanimous vote. Mr, Knox also clarified that the staff did delineate, as requested by the Planning Commission, the streamside open space, and it is shown on the map posted on the wall. Councilman Berwald asked for a clarification of a previous question. Does this action prejudice the action that Council will take up on the continued item #S? Mayor Cczaetock replied that it did not. Councilman Berwald commented that he did not feel Council was really paying attention to what the Stanford representative said about the voluntary action that they have taken, and Council was imposing an unnecessary additional restriction on the voluntary agreement that they have on the property. If so, doesn't this do unnecessary harm to the owner's interest: in that property? Mayor Cometock felt that Stanford's remarks reflected less than full satisfaction with Council's past action. What Council does on item #B is probably of considerably more interest, but Stanford's presentation was for Council not to take the kind of action that was taken. Councilman Berwald said he thought the action was unfair to Stanford, and a great deal of thought should be given before that designation was passed. MOTION: Councilman Berwald moved to continue item #11 regarding Urban Development/Open Space Plan to the same meeting that Council considers item iS (Coyote Hill). The motion died for lack of a second. The motion as amended passed on the following vote: Ayes: Beahrs, Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Semen Noes: Herwald 1 72 2/26/73 Consideration of Modifications to the Draft ersan Develo•ment ',en ace Plan 1 i 1 MOTION: Mayor Comstock moved, seconded by Pearson, that the Council approve the Planning Commission recommendations of certain modifications to the draft Urban Development/Open Space Plan for Santa Clara County for submittal to the Planning Policy Committee. Planning Commission Chairman Mary Gordon noted that she had a correction for page 2 of the Planning Commission report under finding 6 e. It should be changed to read, "Open space is needed for a livable urban environment and may help to provide broad parameters of variety and diversity in the urban area." AMENDMENT: Mayor Comstock moved, seconded by Semen, that finding 6 e. be changed to read, "Open space is needed for a livable urban environ- ment and may help to provide broad parameters of variety and diversity in the urban area." The amendment parsed on a unanimous vote. The motion as amended passed on a unanimous vote. Request of Child Care Task Force re 3: e.'a. r a. C f Id Care Pun ink Gtsl el ines Mrs. Betty Rogaway, 1302 Greenwood, repesenting the Child Care Task Force, stated that their original charge from the City Council included asking the task force to fired ways to fund child care programs in which the city would not be the resin contributor of funds for whatever programs it recommended. The task force had assumed that Federal Government Social Security Title 4A funds would take care of low-income families for which they were trying to provide child care. They planned to ask the City Council and other organizations to help in other kinds of ways for people just above low-income level. The cutback proposed by the government would greatly limit the amount of Title 4A money and would indicate that three formerly on welfare could only get this kind of money for three months. This is a shortsighted approach and is not enough time for women to be able to reach a position where they can afford to pay for their own child care. The task force is having to back up and try to find ell over Again substantial amounts of funding. They request Council support in trying to persuade the federal government to ease restrictions. Councilwoaan Pearson stated that she had transmitted the letter which was read to the people who marched Saturday morning for the Besse Bolton Child Care Center in Palo Alto, mei all of the letters which were given to Councilwoman Pearson had been given to Mayor Comstock. MOTION: Councilwoman Pearson moved, Council authorize the Mayor to speak supportinj, the position of the Child concern about the HEW guidelines. seconded by semen, that the City for the Council by writing a letter Care Task Force and expressing grave Councilwoman Semen commented that four Council members are going to Washington this cueing week and perhaps they could deliver the letter personally. Councilman 3eshrs noted that Mrs. Dells' letter to the Congressmen said that revenue sharing funds were an alternative but not an adequate sub- stitute. He asked how such money Palo Alto is losing. 1 7 3 2/26/73 Mrs. Rogaway said that in the school district children's center they estimate there are about $60,000 worth of federal funds coming in through Social Security Title 4A. In addition they have a school district pro- gram for four year olds similar to Head Start with about $12,000 more of federal funds coming into it. Councilman Beahrs asked what proportion of the budget $72,000 represented. Mrs. Rogaway estimated that just talking about the children's center budget, it was about $60,000 out of $170,000. The motion passed on a unanimous vote. Selection o£ Dru$ Pro ram Evaluation Agent ( 1:616:3) Mayor Comstock noted that Council had a copy cf the evaluation com- mittee report from PACDAB, and a report from the City Manager's office. MOTION: Mayor Comstock moved, seconded by Pearson, that Council auth- ize the staff to enter into negotiations with the InstitLte for Drug Abuse Education Research to implement the independent evaluation of the drug program. Councilman Beahrs said, as he recalled, this would be an exhaustive and complete evaluation of the entire program. Mayor Comstock indicated that was his understanding. The Notion passed on a unanimous vote. Proposed Initiative re Bach? Mai Hosoltal Fund Mayor Comstock noted that the Council had received reports from the City Clerk, the City Attorney, and a letter dated February 26 discussing the City Attorney's opinion and signed by a number of Individuals and organizations. Mayor Comstock asked the City Attorney and City Clerk to review their reports and see if there were any questions from Council. Councilman Beahrs asked the City Clerk again about his earlier question regarding the number of disqualified signatures on the petition. The first effort of the petitioners developed 1,600+ signatures of which many were disqualified. He thought the number was surprising. City Clerk Ann Tanner said on the entire original petition there were 500 insufficient signatures. Councilman Beahrs asked what the total number of signatures was. Miss Tanuer replied that it was around 2,200. Councilman Beahrs thought the percentage of insufficient signatures was high and stated he would like to know shat categories were involved. Mayor I:oiastock asked City Attorney Stone to comment. City Attorney Stone commented that the assumptions under which the City Attorney's office operated with respect to their opinion needed to be stated. The first assumption is that there is a sufficient number 1 7 4 2/26/73 of signatures to technically qualify the proposal for the ballot. The second assumption Is that they believe, as they stated in their opinion of February 10 and in their opinion of February 22, that the initiative proposal is clearly and without question beyond the power of the city to accomplish. They reached that conclusion on several grounds, one of which is that it would be an illegal and void expenditure of public funds for which the Council members may be held individually liable. Even if an unconstitutional or void proposition is not adopted by the Council oitright but is approved by the people in an election, it does not make it legal and valid. The issue before Council this evening is whethur or not Council has a mandatory duty to adopt the resolution which has been prepared placing the proposal on the ballot. The City Attorney's office believes it does not. The initiative section of the Charter states two alternatives: (1) Council must pass without change the initiative ordinance, or (2) it must place the proposal before the people. This assumes two things: (1) that it is an initiative ordinance in a valid sense, and (2) that nowhere else in the Charter is there a constraint for the adoption of a similar proposal. Placing the measure on the ballot would go against the provisions in the Charter in Arti^le III, section 12 which outlines the only way in which funds may be allocated. Budget appropriations cannot be passed by initiative. Zoning and traffic regu- lations are other areas which cannot be initiated by the people. The courts have held that the City Clerk or Registrar of Vr.ters ray not keep the matter off the ballot or keep the matter from going to the City Council or Board of Supervisors. The City Clerk has on administrative duty, and it begins and ends there. She ha6 carried out that ad.Anistra-- tive duty. This is not the case with Council's duties and obligations. City Attorney Stone cited several court cases, including one in which the court stated it would not mandate a matter to go on the ballot if it is =clear beyond question that the proposed initiative measure is uncon- stitutional or illegal. The court stated that the court should shortcut the normal initiative procedure only where the invalidity is clearly beyond a doubt. The City Attorney believes that ts the case here. The Legislative Counsel was not requested by the city or the attorney's office to render an opinion, but he did render an opinion and agreed with the City Attorney's position. Councilman Seahrs said he was persuaded that the City Attorney was correct, but he felt the city was looking at another lawsuit, and the question was whether to have it before or after the. election. He asked if the time element would have any bearing if Council does not art tonight. Is there enough time to get this on the ballot if the proponents prevail ins court? City Attorney Stoa!e responded that time is short. City Clerk Ann Tanner advised Council that the ballot Should be ready to go to the printers during the week of March ,2. Councilman Beaters asked if people could take effective legal action in that time. City Attorney Stone believed they could, but the shorter the tiee, the higher the probability that the court would not want to look into the question of illegality and might mandate that the matter go on the ballot just because it wants to see two things: (1) It doesn't want to rule if it doesn't have to, and (2) it would have more opportunity to rule on the validity after the measure passes, if it does. Councilman geahrs asked what reaedtea were available if mandamus could not be reached in time. What damages would be incurred. 1 75 2/26/73 City Attorney Stone said he did not see a monetary damage. Councilman Beahrs noted that the proponents could seek a special election and asked the cost of this addition to the ballot. City Clerk Ann Tanner replied that the cost of adding this measure is about $2,000, and a special election could cost between $13,000 to $15,000. Councilman Beahrs commented that he felt this was a useless exercise, and he was reasonably confident that the City Attorney is correct. 11e felt there was a lot of argument in favor of placing this on the ballot, because of the right of people to petition. Councilman Rosenbaum felt to some degree there is a public opinion aspect to the proposed initiative. Suppose the initiative were worded differently and said, "Do you favor requesting the City Council to appropriate $50,000 for Bach Mai IL pital." Would that be a legal use of the initiative? City Attorney 'toe responded that it would not, because what is to be initiated is an ordinance, and that would not be an ordinance. He was not convinced that what Council had before it was an ordinance either. Jaffrey Youdelman, 720 Waverley, said it is very clear that the reason you use an initiative is to bypass the City Council; therefore, the City Council has no right to obstruct putting something on the h3ilo!. He referred to the cases cited by the City Attorney and cot>eoted on them. Tom Burke, 1102 Guinea, Stanford law school, said one thing is perfectly clear --Council has no authority to keep an initiative measure off the ballot. He discussed the concept of the power of the initiative and said Council can either enact the measure or put it on the ballot. It is the essence of what is tern 1 a ministerial duty that there is no option. See Page 182 Peter 3. Ciamalis, 858 Rorke Way, representing ACLU, stated that ACLU supports the letter dated February 26 to the extent they agree the ordinance must be submitted for a vote of the people. ACLU takes no position. If it passes, they may go to court to oppose this expendi- ture of city funds. If Council does not put it on the ballot, it fa assuming power that properly belongs in the ,judicial system. Robert Braunstein, 3113 Middlefield Road, said that since controversy exists, and there is contrary legal opinion, it is the obligation of the Council to put the initiative on the ballot. He urged Council to consider the use of the initiative in a democratic society. Refusal to put it on the ballot makes a mockery of the initiative. He reminded Council members that their position on the Council is based on their allegiance to democratic norms. Raymond Giraud, 2200 Byron Street, said he was not an attorney and had no legal argument to mace, but what had bean said in legal terms matched ilia he had been saying in moral terns for some time. He felt it was sad that not a single Council person volunteered to make a notion favoring the payment of reparation or assistance to rebuild the Bach Mai Hospital. It will coat the city money in any case. Those who have not made up their minds should consider whether the money they spend is going to be on behalf of permitting the people to voice an opinion or prevent them from doing so. 1 76 2/26/73 Simon Hassitt, 1537 Louisa Court, said Council probably would be open to three lawsuits if it failed to put the initiative on the ballot. Maybe Council members feel they are sticking their necks out in endorsing it. He read a resolution and said he would start a recall election recalling any Councilman who does not pass this resolution tonight. Douglas Mattern, 2671 South Court, appealed to Council to place the measure on the ballot, because it would save a great deal of time on their part. People have the right to vote o,- this. The petitioners have done their job, and he asked Council to eo theirs. John Philo, 2264 Louis Road, said even if they accept that the City Council might legally be able to remove the initiative from the ballot, he had certainly heard no compelling argument that Council should do so. Open debate is the cornerstone of democracy. This Council often goes out of its way to avoid open debate on issues. Now it is considering not only stifling debate in Council but stifling debate in the whole cit;. $2,000 is a small price to pay for hearing the people on this important issue. Mayor Comstock returned the matter to Council. Councilwoman Pearson commented that Initiatives and referendums are where she started. Councilman Beahrs was told by the then City Attorney that the ir,x;lative petition she was passing was illegal on forty-eight counts. Itt was defeated, and tiwy won. ComIrer.ting on the signatures, she said they were not out of line. 141en circulating a petition, a general rule is that you collect 20% more signatures than are veeded. She feels strongly that initiative is the people's right. She said she trusts the City Attorney, but she is not going along with him, because the teople were told they had the right of Initiative when Council refused to spend the $50,000. She said she did not feel any threat in placing this on the ballot. She did not think it would be a great Issue. In 1971, Council gave people the right to decide whether they wanted to go along with President Nixon's policies or whether they wanted something else, She thought the citizens wield tell Council what they want, and she would like to give them that opportunity. MOTION: Councilwoman Pearson introduced the following resolution and moved, seconded by Beahrs, its adoption: "RESOLUTION OF THE COUNCIL OF THE C'.tTY OF PALO ALTO PLACING AN INITIATIVE PETITION TO ENACT ORDINANCE ON THE BALLOT FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OP PALO ALTO ON TUESDAY, MAY 8, 1973" Councilman Berwald stated he really did not feel that the interests of the proponents of this initiative had much to do with the desire to aid the Bach alai Hospital. His reason for saying that is that it would be very easy to collect $50,000O from voluntary sources without going to the ballot. He reviewed some of the things Mr. Stone said. There are enough signatures. The people who collected them have gone through the process they are asked to go through. Council knows that it would be illegal and void to spend public funds in this limner. Even if the prop- osition were approved in en election, it would still remain, void. The Issue tonight is whether or not the Council has a mandstvey option to place it on the ballot. The initiative procedure gives Council two options, to pass it or place it on the ballot. That comes from the Charter. He thought the City Attorney was without doubt correct. If the voters passed the initiative measure, Council would contest it and would grin hands down. He also felt it would be defeated resoundingly See Page 18 1 7 7 2/26/73 if it were on the ballot. He summarized by stating that even with his distaste for this sort of proposal and his distaste for the kind of disruptions and the detraction from municipal issues it is going to cause during the campaign, he was going to vote to have it put on the ballot as a matter of a constitutional right of people no matter how unpopular he felt their cause is. Councilman Rosenbaum stated that he disagreed with Councilwoman Pearson. He, too, was involved with ini.`.iative and referendum. Whenever you are, you take a great deal of trouble to be sure that what you propose is going to be legal. One cannot propose an ordinance that is patently illegal. He said he would support the City Attorney's point of view on this and would vote against putting it on the ballot as he considered it a fundamental misuse of the initiative. One of the speakers mentioned that when Council was given the opportunity to appropriate the $50,000, no one made the motion. The President has proposed to spend federal funds in large sums to help rebuild North Viet Nam. If this measure is on the ballot, it is not going to serve the intended purpose. Rather, it is going to be used to send a message to the President saying, "No. We do not want funds to be used for that." Councilman Clark stated his reasons for being against the resolution. He would like to strip Bach ;jai away from it and bring it down to the kinds of things that can be started from an initiative procedure. There could be situations where enough signatures are obtained for installation of a stop sign or a ball park, and Council could be flooded with initia- tives on budget matters, which were outlined by the City Attorney as ratters the public does not have the right to decide on initiatives, It is for that reason, and not the nature of the request itself, that he apposed it. He asked City Attorney Stone again if the Charter had priority over the state constitution. City Attorney Stone responded that it is not a natter of priority over the state constitution. The state constitution allows cities to have charters. It is a question of what is initiateable. That is fixed by the Charter. In response to what the city's role is in this matter, he said: 1) The Attorney's office is not here to convince anyone of a particular point of view. Council has the Attorney's legal opinion. Certainly no lawyer with any kind of a practice at all can say that none of his clients has bridged his advice in any respect. Certainly the issues here are going to be in litigation one way or another. The Attorney's office cares only that in the end the just decision will be made. If Council chooses to adopt the resolution, one .issue will be subtracted from proposed litigation. That is whether or not the court is going to impose a sedate to require Council to place the measure on the ballot; 2) The Attorney's office remains convinced that whether or not this measure is put on the ballot, whether or not it passes, the proposal is, beyond a shadow of a doubt, beyond the power of a municipality to implement. Rut if Council wishes to put the initiative on the ballot, Council has that choice. Councilman Clark said he felt cure the cheapest way out was to have it on the ballot. He felt it would not receive city approval, and it would only cost a small addition to the amount of the election. However, he. did not like to do things because items the cheapest way. He thought a precedent for permitting initiative propositions was that subjects should not be capricious. If this question goes to court now, it will be settled whether budget and traffic matters are subject to the initiative process. Councilman &enderson commented that it is certainly difficult to have to weigh law vs. the right of initiative petition. He wished to go to 1 7 8 2/26/73 all lengths to protect the right of initiative petition. In this case, the legal aspect is clear. Mr. Stone, supported by the legislative counsel, tells Council the initiative is patently illegal on two counts. Mr. Stone further states that the Charter covering the initiative pro- cedures assumes that the initiative ordinance proposed is an ordinance in the true sense --that jt is legal. Most of the people have not been speaking to the second illegal aspect of the initiative. It is illegal to make appropriations by initiative. The proponents are free to take the matter to court, and if the court rules the measure should go on the ballot, so be it. He said he could not declare the initiative to be legal. Councilman Beahrs commented that "the well-fed individual" who accused him of being in opposition to the petition is completely wrong, and his threat of recall is very offensive. He said he seconded Council- woman Pearson`s motion, and he does believe in the right of petition for all citizens, even though he considered it a frivolous act. He thought the whole proposition was unhappy, demoralizing, a mechanical and futile effort. Although he supports the placing of the matter on the ballot, he would vote against it at the election. If it is passed, he would oppose the appropriation of the monies and take it to court. He said again that he was supporting this only because of his definite belief in the necessity of supporting the right of citizenry to petition, but he said the proponents were destroying the dignity of this right by this capricious, ill-founded act. He thought it was an unhappy develop- ment, and he blamed tie citizenry of this town who created the political atmosphere that permits this kind of proposition to come before it. Councilwoman Seman stated she would vote against the initiative being placed on the ballot. She felt that not putting this on the ballot was an extraordinary action. However, this proposal is such an extraordinary one that in this particular case, an extraordinary action is in order, because the right of the initiative is so precious it should not be abused. This issue, if presented to the voters, would be an abuse of this right. She added that there is a misconception that if a Council member disagrees with a speaker, that Council member is not listening and is ignoring the speaker. This is not true. Vice Mayor Norton states that he agreed with the City Attorney. There have been cases when he has not agreed, but even in those cases, he was loathe not to go along with the City Attorney's advice. He said he would oppose the motion. Mayor Comatock said he did not know what it would cost whether or not it goes on the ballot, but that is not a prime consideration. His concern was that the voters are being asked to vote on something that the proponents concede will have a very difficult time teing implemented. Even if parsed by the voters, it cannot be implemented. That is an action which should not be casually or easily engaged upon by the Council. The idea that Council give the voters something to vote for with the certain knowledge that if passed, it could not be i:plemented, would be a willful and spiteful action on the part of the Council. The petitioners would have served their purpose a great deal better if they had constructed a proposition that did not have the legal invalidity that this one has. This way they will never get to discuss the issue on its merits. Whatever Council does, there is going to be litigation. He opposed placing the matter on the ballot. The resolution failed on the following vote: Ayes: Beahrs, Berwald, Pearson Noes: Clark, Comstock, Henderson, Norton, Rosenbaum, Seman 1 7 9 2/26/73 Detach uent of s riTer to from► the ur ss MS ounty ater strict MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Berwald, its adoption: RESOLUTION NO. 4710 ENTITLED "RESOLUTION OF THE COUNCIL 0t' THE CITY OF PALO ALTO MAKING APPLICATION TO THE SANTA CL4RA LOCAL AGENCY FORMATION COMMISSION RELATING TO A PROPOSED DETACHMENT OF TERRITORY FROM PURISSIMA HILLS COUNTY WATER DISTRICT" The resolution was adopted on a unanimous vote. MOTION TO RECONSIDER: Councilman Clark moved, seconded by Semen, to reconsider item 117 (Resolution No. 4710). The motion to reconsider passed on a unanimous vote, Mayor Comstock recognized Mr. Arbuckle, who had requested to speak. Edward Arbuckle, 4131 013 Trace Road,.said that it was the agreement when the assessment district was formed that the City Manager would henceforth propose deannexation from the Purissima Hills County Water District. Residents have paid taxes all of this time, which atnou,,ts to double taxation. He wondered if there were any spay to recover four years of taxes. City Manager Sipel conjectured there was no dray to recover the double taxation that happened over this period of time. He said he would be; happy to look into it. Councilman 8er. aid slommented that he had talked with City Attorney Stone oil this particular matter, and assurance had been given that staff would follow throua'h with trying to get relief from the taxes. MOTION: Councilman Berwald introduced the following resolution and moved, seconded by Comstock, its adoption: RESOLUTION NO. 4710 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO MAKING APPLICATION TO TEE SANTA CLARE. LOCAL AGENCY FORMATION C0MISSION RELATING TO A PROPOSED DETACI +NT OF TERRITORY FROM PURISSI A HILLS COUNTY WATER DISTRICT" The resolution was adopted on a unanimous vote. Oral Communications meeeeemeemmemammommma 1. Edward Arbuckle, 4131 Old Trace Road, continued speaking to item /17 and complained about the way the sewer line was put in and the erosion that had taken place subsequently. He believed corrections could be made. The assessment district was an "improvemen; for the foothills." The promised horse trail has never been constructed. Arastradero Road has been raped. It is unattractive and not the way Palo Alto property should be maintained. Mayor Comstock asked if iu would be agreeable if Council asked staff for a report on the matter. Mr. Arbuckle agreed. 180 2/26/73 1 1 2. Harrison Otis addr.ised Council regarding problems at the Veterans' Administration Hospital such as job cpportunities, clothes, and catastrophic injuries. He said they are facing fund cuts and a shortage of doctors. They would like to have an open-door policy between the City Manager's office and the Council so that they are not ignored in any way. There is valuable talent going, to waste there. They want to establish communication between the patients and the community. Executive Seasion Council adjourned to executive session to consider personnel matters at 12:15 a.m. Council reconvened at 12:17 a.m. Appointments to PACDAB Board 16���¢ 1'R7!!Or .7 �k7.. J C04 �. Mayor Comstock announced that in executive cession Council ratified four appointments to the Palo Alto Community Drug Abuse Board: Gary Kent Conway, Helen M. Fleming, Mrs. Betty Lin, and Clandion Wm. Carney. MOTION: Mayor Comstock moved, secanded by Pearson, that the appointments be approved. The motion passed on a unanimc'uss vote. Adjournment The meeting adjourned at 12:20 a.m. ATTEST: City Clerk APP ROV EA : Mayor 1 8 1 2/26/73