HomeMy WebLinkAbout04231973CITY
COUNCIL
MINUTES
or
PtLC)
(iL TO
April 23, 1973
The City Council of the City of Palo Alto met on this date at 7:30 p.m.
in a regular meeting with Mayor Comstock presiding.
Present: Beahrs, Berwald, Clark, Comstock, Henderson, Norton, Peerson,,
Rosenbaum, Seman
Absent: None
Executive Session
Mayor Comstock announced that Council would recess briefly for an Execu-
tive Session regarding litigation and personnel. The Council recessed
from 7:31 to 7:55 p.m.
A. ointments to Hunan Relations Commission
Mayor Comstock announced that Council bad two appoint:ients to make to the
Human Relations Commission.
MOTION: Mayor Comstock moved, seconded by Seman, confirmatir;n of the
following two appointments to the Human Relations Commission: Glen
William Schofield for a term expiring 12/31/75 and Martin J. Drey£uss
to fill the unexpired term of David Thieaenn until 12/31/74.
The motion passed on a unanimous vote.
2 . 2, 1973
MOTION: Mayor Comstock moved, seconded by Henderson, that the minutes of
April 2, 1973 be approved as submi'ted.
The motion passed on a unanimous vote.
Minutes of A ril 9 1973
Councilman Berwald referred to page 285, the first line, and noted that
the word "if" should be deleted and that the words t'planned community"
should begin with capital letters,
MOTION: Mayor Comstock moved, seconded by Norton, that the minutes of
April 9, 1973 be approved as revised.
The motion passed on a unanimous vote.
Mayor Comstock announced that this evening Council would be addressing
itself to several natters which had engendered high public interest. He
said that Council would allow people who wished to express themselves to
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4/23/13
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 iirohibits 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.
Reconsideration of Minutes of March 26 1973
Mayor Comstock stated that the City Clerk had asked that Council reconsider
the City Council minutes of March 26, 1973 in order to change the title of
a resolution.
MOTION: Mayor Comstock moved, seconded by Beahrs, that Council reconsider
the minutes of March 26, 1973.
The motion passed on a unanimous vote.
Mayor Comstock noted that a resolution which Council
"Warrants for Traffic Control Devices Near Schools,"
MOTION: Mayor Comstock moved, seconded by Pearson,
be shown as follows:
adopted, entitled
was incorrectly titled.
that the correct title
"RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ADOPTING THE DOCU-
MENT ENTITLED 'WARRANTS FOR TRAFFIC CONTROL DEVICES AND SUPPLEMENTAL
TECHNIQUES N LQUES NEAR SCHOOLS FOR THE CITY OF PALO ALTO"
The motion passed on a unanimous vote.
Mayor Comstock declared the minutes of March 26 stood approved with the
ravisian as enacted by Council,
Public Hearin --Various Amendments to the
enera_ an an to t e pen s tet
oofIMIththe deneral Plan ( :: s44 T
Mayor Comstock announced that this is the time and place set for a public
hearing co consider amending the General Plan by deleeing the Baylands
Development Plan, commonly known as the ;ree Finger Lake Plan, as certi-
fied to the City Council by Resolution No. 163 of the Planning Commission,
adopted on March 14, 1973.
This is also the time and place set for a public hearing to consider amend-
ing the Open Space Element of the General Plan in various and numerous
respects, co certified to the City Council by Resolution. No. 164 of the
Planning Commission, adopted also on March 14, 1973.
Mayor Comstock asked City Clerk Ann Tanner if notice .of this public hearing
had been given as required by law and she replied affirmatively.
Mayor Comstock declared the public hearing open.
No one wished to be heard
Mayor Comstock declared the public hearing closed.
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4/23/73
11,14,
MOTION: Mayor Comstock introduced the following resolution and moved,
seconded by Norton, its adoption:
RESOLUTION NO. 4727 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY
OF PALO ALTO MAKING AMENDMENTS TO THE GENERAL PLAN AS CERTIFIED TO
THE CITY COUNCIL BY RESOLUTION NO. 163 OF THE PLANNING COMMISSION
ADOPTED ON MARCH 14, 1973, BY DELETING THE BAYLANDS DEVELOPMENT PLAN
(THREE-FINGEk LAKE)"
The
motion passed on a unanimous vota.
MOTION: Mayor Comstock introduced the following resolution and moved,
seconded by Pearson, its adoption with amendments shown below title:
RESOLUTION NO. 4728
OF PALO ALTO MAKING
THE GENERAL PLAN AS
164 OF THE PLANNING
ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY
NUMEROUS AMENDMENTS TO THE OPEN SPACE ELEMENT OF
CERTIFIED TO THE CITY COUNCIL BY RESOLUTION NO.
COMMISSION ADOPTED ON MARCH 14, 1973"
0n page 20 of the Open Space Element as shown in Exhibit "A" of
the resolution, make the following changes:
(a)
(h)
With regard to Subsection No. 1, delete the entire subsection.
With regard to Subsection No. 2, change the chrase "the City's
Architectural Review Board" in the last sentence to read "the
Planning Cvamission and the City Council."
(c) With regard to Subsection, No. 4, delete the entire subsection.
(d) With regard to Subsection No. 5, delete the last sentence of
the subsection.
2. Renumber the subsections under Section "V. OPEN SPACE ACTION
PROGRAMS —Foothills," beginning on page 20 of Exhibit "A" of the
resolution to reflect the deletions of subsections No. 1 and 4.
Planning Commission Chairman Mary Gordon suggested two other amendments
to be added to the motion. On page 23, under "Trails and Paths," itam 1,
add the word "Arastradero," after "Stevens," in the first line.
In the same section, under item 3, after "Baylands Program No, 6," add the
words "on page 22.'•
On page B-4 strike the last four words, and on page B-5 strike the remain-
der of that sentence on the top of the page and insert "to maintain as much
as possible the natural qualities and amenities of the Baylands, and provide
a smooth transition between the urban and natural zones."
Mayor Comstock and his second, Councilwoman Pearson, agreed to include
those changes in the motion.
Councilman Berwald referred to page 23, the sections entitled "Neighborhood
Per," item 3, and commented that he was not sure it vas the policy of
the city to purchase land for small public parks in conjunction with sub-
sidized housing and felt it would be charer if it said "It is the in-
tent of the city to consider purchase of land for small public parka..."
Mayor Comstock and Councilwoman Pearson agreed to add that change to the
other amendments.
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Councilman Berwald referred to page E-5, VII, 1-B, which says one of the
goals of dredging is "enhancement of the Bay's water quality for its
natural and scenic beauty for man's recreational use of the Bay and its
shoreline." On the next page are policies for dredging, but nothing is
really said there about recreational use, and he wondered if item 1 on
the top of page E-6 should have added to it the words "water related
recreation." It was agreed, instead, to insert the word "recreational"
after the word "man's" in the first line of item 1.
Councilman Bervald also referred to page E-6, VIII, "Goals --Solid Waste,"
and suggested that there should be an item "d" which would say: "Creation
of additional usable lands for open space and recreation."
Mrs. Gordon felt both changes would be appropriate. She said that the
Planning Commission had addressed recreational uses in a separate section,
but it might be clearer to cross reference it.
Mayor Comstock and Councilwoman Pearson also agreed to these additions to
the motion.
The resolution as amended was adopted on a unanimous vote.
MOTION: Mayor Comstock coved, seconded by Pearson, that the resolution
amending the Open Space Element of the General Plan be referred to the
Planning Ccrnission for appropriate proceedings.
The motion passed on a :.nanimous vote.
Public Hearin Palo Alto Hills Golf
a� ount C u Jnc.---A ►lication to
sts .is. an A ri cs, turai r ry :6?6: 3)
Mayor Comstock recalled that at the time of the original public hearing,
the hearing was opened and continued on the matter of this property. He
declared open the public hearing continued from February 26 regarding the
Palo Alto Hills Golf and Country Club request to establish an agricultural
preserve and application for inclusion of certain lands within said pre-
serve and authorizing the execution of land conservation contracts.
Howard Burnside, 2211 Park Boulevard, stated that he was here in the interests
of the applicant aid to answer any questions Council might wish to ask.
Mayor Comstock declared the public hearing closed.
MOTION: Mayor Comstock introduced the following resolution and moved,
seconded by Berwaii d, its adoption:
RESOLUTION NO. 4723 ' NT1'ILED "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 CONSERVATION CON-
TRACT (PALO ALTO HIL!,S GOLF AND COUNTRY CLUB, INC.)"
Councilman Beahra said that the City Manager's report indicated a probable
reduction in tazea.00f 52,900 on this property, and he asked what percentage
reduction this is and what might be the total reduction in school taxes.
City Manager Sipel rearwaded that the 52,900 represents a 5--1/2Z reduction
in the Golf Club's total tax bill, and school district taxes represent
most of that figure.
The motion passed on a unanimous vote.
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4/23/73
MOTION: Mayor Comstock moved, seconded by Pearson, that Council finds
thin classification will have no significant effect on the environment.
The motion passed on a unanimous vote.
Resolutions of A reci i.on at to Members of
ous ng �� spry tree
Mayer Comstock noted that the Housing Advisory Committee recently sub-
mitted an outstanding report to Council which represented a lot of hard
work. The reports are being used to great value by the Planning Commission
and by the Council. He again expressed gratitude for the hard work of this
committee. He said that the agenda shows individual resolutions of appre-
ciation to each member and he hoped that they would in no way feel that the
appreciation was any less if the resolutions were considered all at one
time.
MOTION: Mayor Comstock introduced the following resolutions and moved,
seconded by Henderson, their adoption:
RESCLUTION NO. 4730 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY
OF PALO ALTO EXPRESSING Ai'PR CIA:ION TO MARTHA BLAIR FOR OUTSTANDING
PUBLIC SERVICE AS A MEMBER OF TEL I'AiO ALiOO P.OUSiNG ADVISORY COMMITTEE"
,RESOLUTION NO. 4 731 ENTITLED "RE SOLD I TON OF 'I HE COUNCIL OF T Hl CITY
OF PALO ALTO EXPRESSING APPRECLATION TO }OBERTA CANE FOR OUTSC.:;LADING
PUBLIC SERVICE AS A MEMBER OF THE PALO ALTO DOUSING ADVISORY COMMITTEE"
RESOLUTION NO. 4732 ENTITLED "RESOLUTION OF Ca COUNCIL OF THE CITY
OF PALO ALTO EXPRESSING APPRECIATION TO BELLE DAWSON FOR OUTSTANDING
PUBLIC SERVICE AS A MEMBER OF THE PALO ALTO HOUSING ADVISORY COMMITTEE"
RESOLUTION NO. 4733 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY
OF PALO ALTO EXPRESSING APPRECIATION TO BRAD D0WDEN FOR OUTSTANDING
PUBLIC SERVICE AS A !EMBER OF THE PALO ALTO HOUSING ADVISORY OE*NITTEE"
RESOLUTION NO. 4734 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY
OF PALO ALTO EXPRESSING APPRECIATION TO PETER GIAMALIS FOR OUTSTANDING
PUBLIC SERVICE AS A ?EMBER OF THE PALO ALTO HOUSING ADVISORY COMMITTEE"
RESOLUTION NO. 4735 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY
OF P: LO ALTO EXPRESSING APPRECIATION TO JAMES HOBSON FOR OUTSTANDING
PUBLIC SERVICE AS A MAR OF THE PALO ALTO HOUSING ADVISORY COMMITTEE"
RESOLUTION NO. 4736 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY
OF PALO ALTO EXPRESSING APPRECIATION TO mu 1QiOLES FOR 0L'TSTANIff NC
PUBLIC SERVICE AS A MEMBER OF THE PALO ALTO HOUSING ADVISORY COMMITTEE"
RESOLUTION NO. 4737 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY
OF FALO ALTO EXPRESSING APPRECIATI(''N TO NINA KtJLGEIN FOR OUTSTANDING
PUBLIC SERVICE AS A MEMBER OF THE PALO ALTO HOUSING ADVISORY C 'IITTEE"
RESOLUTION NO. 4738 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY
OF PALO ALTO EXPRESSING APPRECIATION TO CARS LUSE3RINX FOR OUTSTANDING
PUBLIC SERVICE AS A MEMBER OF THE PALO ALTO HOUSING ADVISORY COMMITTEE"
RESOLUTION NO. 4739 ENTITLED "RESOLUTION 0? THE COUNCIL OF THE CITY
OF PALO ALTO EXPRESSING APPRECIATION TO SUZANNE MACPHERSON FOR OUTSTANDING
PUBLIC SERVICE AS A MEMBER OF THE PALO ALTO HOUSING ADVISORY COMMITTEE"
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4/23/73
RESOLUTION NO. 4740 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY
OF PALO ALTO EXPRESSING APPRECIATION TO SUSAN MITCHELL FOR OUTSTANDING
PUBLIC SERVICE AS A MEMBER OF THE PALO ALTO HOUSING ADVISORY COMMITTEE"
RESOLUTION NO. 4741 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY
OF PALO ALTO EXPRESSING APPRECIATION TO LYDIA MORSE FOR OUTSTANDING
PUBLIC SERVICE AS A MEMBER OF THE PALO ALTO HOUSING ADVISORY COMMITTEE"
RESOLUTION NO. 4742 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY
OF PALO ALTO EXPRESSING APPRECIATION TO DANIEL POWER FOR OUTSTANDING
PUBLIC SERVICE AS A MEMBER OF THE PALO ALTO HOUSING ADVISORY COMMITTEE"
RESOLUTION NO. 4743 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY
OF PALO ALTO EXPRESSING APPRECIATION TO WILLIAM POWERS FOR OUTSTANDING
PUBLIC SERVICE AS A MEMBER OF THE PALO ALTO HOUSING ADVISORY COMMITTEE"
RESOLUTION NO. 4744 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY
OF PALO ALTO EXPRESSING APPRECIATION TO COLE RICH4OND FOR OUTSTANDING
PUBLIC SERVICE AS A MEMBER OF THE PALO ALTO HOUSING ADVISORY COMMITTEE"
RESOLUTION NO. 4745 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY
OF PALO ALTO EXPRESSING APPRECIATION TO ANNE STEIN; ERG FOR OUTSTANDING
PUBLIC SERVICE AS A MEMBER OF THE PALO AL:O HOUSING ADVISORY COMMITTEE"
RESOLUTION NO._4 746 ENTITLED "RESOLUTION OF THE COUNCIL OF 14E, CITY
OF PALO ALTO EXPRESSING APPRECIATION TO ANDRU: STEVENS FOR OUTSTANDING
PUBLIC SERVICE AS A MEMBER OF THE PALO ALTO HOUSING ADVISORY COMMITTEE"
RESOLUTION NO. 474.7 ENTITLED "RESOLUTION OF THE COUNCIL OF THEE CITY
OF PALO ALTO EXPRESSING APPRECIATION TO RAYMOND WITT FOR OUTSTANDING
PUBLIC SERVICE AS A MEMBER OF THE PALO ALTO HOUSING ADVISORY COMMITTEE"
RESOLUTION NO. 4748 ENTITLED "RESOLUTION OF IHE COUNCIL OF THE CITY
OF PALO ALTO EXPRESSING APPRECIATION TO ROBERT %OLD FOR OUTSTANDING
PUBLIC SERVICE AS A MEMBER OF THE PALO ALTO HOUSE ADVISORY COMMITTEE"
RESOLUTION NO. 4749 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY
OF PALO ALT) EXPRESSING APPRECIATION TO GORDON WRIGHT FOR OUTSTANDING
PUBLIC SERVICE AS A :IEMBER OF THE PALO ALTO MOUSING ADVISORY COMMITTEE"
RESOLUTION NO. 4750 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY
OF PALO ALTO EXPRESSING APPRECIATION TO JOE YARYIN FOR OUTSTANDING
PUBLIC SERVICE AS A MEMBER OF THE PALO ALTO HOUSING ADVISORY COMMITTEE"
Mayor Comstock asked the sabers of the commdttee to staid and receive
applause and recognition.
The resolutions were adopted on a unanimous vote.
Resolution of reciativn to John Johnson
wommomemmsr
MOTION: Mayor Comstock introduced the following resolution and moved,
seconded by Henderson, its adoption:
RESOLUTION NO. 4751 ENTITLED "RESOLUTION OF THE COUNCIL OP THE CITY
OP PALO ALTO COMMENDING JOHN JOHNSON AS A MIMBER OF THE PALO ALTO COM-
MUNITY DRUG ABUSE BOARD FOR HIS CONSCIENTIOUS AND OUTSTANDING PUBLIC
SERVICE"
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4/23/73
I� 7
Mayor Comstock pointed out that Mr. Johnson ?ad not only served as a mem-
ber of the board but served as a member of the original citizens' committee
which labored long and hard to bring forward the repot t. He said that
Mr. Johnson had served diligently and effectively as a member of the com-
mittee and he was grateful for his services.
The resolution was adopted on a unanimous vote.
Ad Hoc Arts Review Co i mmttee Report
Mayor Comstock confirmed that Council had received reports, minutes and
communications from the public on this subject. He said that those who
were interested in this matter had communicated effectively with Council.
Councilwoman Pearson, chairman of the Policy and Procedures Committee,
said that at the last committee meeting she gave a brief resum6 of the
history of this subject. She then read this resum4 from the minutes of
the committee for the benefit of the audience.
Councilwoman Pearson noted that the committee had received a report from
the Ad Hoc Arts Review Committee, had received several reports from staff,
and had received a petition.
MOTION: Councilwoman Pearson moved, on behalf of the Policy and Procedures
Ccmzaittee, that Council refer to staff citizen input with respect to the
arts with the suggestion that staff consider continuing with two or
more annual arts forums as a principal avenue to mutual communication on
the carts, and that staff continue to employ a variety of methods to achieve
the continuing, informal partieipaticn of a wide spectrum of the arts com-
munity to ecisure creative arts programs continually responsive to community
needs and concerns.
Norton Lichtnan, 3911 Grove Avenue, read a prepared statement rebutting
the points made in the petition sent to Council and said that his committee,
which recommends an arts commission be fond, had done a great deal of re-
search and background study before making its recommendations. He said
that if Council took no further action than to hold the kind of arts forums
that were held during the past two years, it would be ignoring the recommen-
dations of the committee.
George Crane, 1852 Bret Harte, asked Council to make a genuine commitment
to the arts forums without another committee to cramp their activities.
Mortimer Markoff, 375 North California Avenue, said it was clearly evident
that the forums had been positive and productive. 14e asked Council not
to water down the commitment with any counter proposal.
Albert van Servellen, 2845 Sir Francis Drake Boulevard, Fairfax, said he
was formerly a Palo Alto resident and was a member of the Ad Hoc Committee
on the Arts, He felt that even with all the alternaatives that had been
brought up, Council did not have enough information to be able to decide
which recommendation was best, and euggeuted Council get more information
before making long-range plans.
Queene Amitiaz., 553 Patricia Lane, said that the Policy and Procedures
Committee Meat through all of the alternatives and voted on one alterna-
tive. Therefore, the committee's recoss endationa and not several alter-
natives are before Council tonight. She noted that in Palo Alto 600
people have said the Arts Department is doing an excellent job.
The motion passed on a unanimous vote.
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Councilwoman Pearson commented that there remains the question of whether
or not Palo Alto needs a committee to assist in determining whether or not
there should be goals established for the art and cultural world and
whether or not there should be cooperation between the city and the schools,
and whether or not of the pr;,posals given, one is the bast method of getting
everyone in Palo Alto to understand and use the art center. The City Manager
has stated that both staff and Council need assistance in determining the
goal for the art and cultural world in Palo Alto. The city has spent over
$300,000 to renovate the old city hall for an art and cultural center. The
city allocates over $340,000 per year to the arts. She thought it was
probably little known that the school district spends approximately $800,000
rc year on art and culture for its students. The school district and the
officials and the city staff and other people would support a continuing
arts commission which would attempt to make sure that duplication and
mediocrity are eliminated in the art and cultural world. She felt there
should be a Council -appointed committee with official status with a time
limit to determine.several goals which would be given to them. She noted
that a motion made at the Policy and Procedures Committee meeting was de-
feated on a tie vote; so it was not officially brought to Council, but she
felt it wan her right to bring it before Council.
MOTION: Councilwoman Pearson moved, seconded by Rosenbaum, that the Council
appoint a committee of not -more than 15 members to meet for six months with
the following charges: 1) to recommend goals and priorities for use: of
city resources and facilities during the next five years; 2) to explore
the possibility of increasing the level of cooperation aetween city and
school district art programs; and 3, to make recommendations with respect
to the most effective means of encouraging citizen involvement in the arts
program.
Mr. Sidney Owen, 246 Walter Hays Drive, addressed Council in opposition
to the ;lotion.
Councilwoman Seman thanked Ire. Ayleen Lee for responding to an informa-
tional request about functions and description of the forte. She said
that to develop a workable mechanism that would open decision -making to
all interested parties is a goal with a great deal of interest to her.
The forum prospect is such a laudable experiment and she would not want
to undercut it by having a citizens' committee working at the same time.
The essential ingredients to success in any new experiment are confidence
and trust, and having the forum experiment go forth on one path and a
citizens' committee on another at the same time seems to undercut both
efforts and build in distrust. There is strong community and unanimous
Council support for the forum concept. She hoped Council would get behind
it and give it every opportunity to succeed. She would like to see the
forum address itself to the questions that would be given to a citizens
committee if it were to be appointed, such as approving the level of
cooperation between the school district and the question of the goals
and priorities of the use of city facilities for the next five years.
One of therecommendations of the forma may be to he+ve a citizens com-
mittee look into it in detail.
Ayleen Lee, 38 Erstwild Court, addressed Council in opposition to the
motion. She felt that Council should assume a position of leadership on
the baiis of what the citizens want, and the arta community has clearly
expressed opposition to an advisory body.
Councilman Henderson aanked Councilwoman Peareou when she: anticipated this
committee would bee functional. He asked when would the sins months
study begin -'now or after the forum?
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74
Councilwoman Pearson responded that a forum is a one or two day affair.
She anticipated there would be one forum in the Fall. The committee could
be appointed by Council after that foram has its event, and then go for
six months from that time. The next forum would be held in the Spring.
She sad no one was saying that we should not have these things that the
arts community is speaking to, but they do not get to the heart of the
matter. -
Councilman Henderson noted that for the October forum it is proposed that
this would concentrate on budget considerations. He asked if this meant
they would be talking about the current year's or the coming year's budget.
City Manager Sipel responded that his interpretation was that they would
lock at the 1974-75 budget and assist staff in preparing the budget for
presentation to Council.
Councilman Henderson stated that he had just completed uncountable numbers
of hours studying the city's proposed operating budget for 1973.74. It is
extremely difficult to make decisions on individual programs when there
are literally hundreds of programs within departments. In most programs
there are some guides and performance guides on which to make judgments,
but this is not true in the arts field. It is hard to know whether these
funds are being used effectively. He said that the arts community needs
to ur+.derstand the tremendous pressure on the use of tax funds.
Councilman Rosenbaum felt that there hat been considerable -merit in what
Councilwoman Semen and members of the audience had said with regard to
giving the forum a chance.
HOT ION c Councilman Rosenbaum moved, seconded by Henderson, that Council
continue the item of setting up en arts committee until after the Fall
arts forum.
Councilman Eeahrs stated he would favor the motion. He sa:d he was an
amateur when it came to problems such as had arisen in the community over
the arts program. He thought the programs were rather impressive. The
arts have always thrived on uninhibited outlooks. He recognized there was
little disposition to put any ironclad holds on some of the problems. The
problems that exist are a manifestation of life and should be accepted as
healthy. He said staff is tremendously burdened in justifying a substan-
tial budget, and staff is thoroughly competent. He thought they should
have some support and justification of the money spent, and that Council
should definitely take another look at this entire matter later in the Fall.
Councilman Berwald commented that the arts were an easy area to land on
when cutbacks were needed. He said it would not be an easy area to land
on as long as he was an the Council. Some of the newer programs might be
easier to land on. He thought that the trend the discussion was taking
was interesting. He hoped he could persuade Council to vote against the
continuance. He felt it was inconsistent with what Council had just voted
on unanimously --to continue with the arts ferules as a principal avenue of
communication. Council went on to say that the staff would continue to
employ a variety of methods to achieve the continuing informal participation
of a wide spectrum of the arts community to ensutd creative arts programs
continually responsive to community needs and concerns. The word informal
was put in deliberately because the committee did not feel that formal
committees would serve any puipoae. This matter goes more deeply than the
subject of the arts community,' it has to 4o with the basic form of govern-
ment under which we work ---toe Council/Manager form of government. In that
form of government, the responsibility of the Council is not to intrude
unduly on the function of the Lager and dictate his process. He said
he hoped the motion would be defeated.
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4/23/73
Councilman Clark commented that the Manager hasa perfect right to himself
appoint a committee if he wishes to have some citiens help him with the
arts budget. He said he very much would like to have the air completely
cleared for a while with nothing hanging over the arts. community's head.
Councilman Beahrs agreed with Councilman Berwald that he is all for the
arts community, but wondered whether o>i not it was appropriate for the
forum to give more thought than was evident to him to an appropriate allo-
cation of funds. This is au item the forum could delve into. It would
be interesting to see what would come out of the forum in this particular
respect. He said he did not recall it was a matter of debate the last
time.
Councilwoman Semen said that she was going to vote against a continuance.
The arts community has been given the real concern of the Council on a
variety of subjects, particularly financial aspects. She was sure that
Council would get a report from the forum and a matter such as this can
be taken up at any time. She said she wanted this experiment to have every
opportunity to work freely.
Mayor Comstock commented that he would not like to have anyone in the room
go away without his having the opportunity of addressing comments to them
collectively. He said that he hoped everyone, regardless of their position,
would understand one thing ---he did not view recent actions as an indication
of any animosity towards ";r. Sipel or Mr. Longacre. Some people feel this
nonetheless, but he said he did not interpret it that way. He was over-
whelmed at some aspects of the response by the community. He did not sense
or understand the degree of the threat some of the suggestions that have
been made by different sides of this issue felt the suggestions to be. To
him it seemed they were rather innocuous, and he did not see in any of the
suggestions anything that told him that they were going to have to do some-
thing to dismantle the progran in existence or fire people or anything else.
He saw them as honest expressions of citizen interest. He vas dismayed
a` some of the in -fighting that took place. He commented that regardless
of what happens this evening, he hoped that everyone would go on talking
to each other. He thought the argument was over means more than end.
The motion to continue passed on the following vote:
Ayes: Beahrs, Comstock, Henderson, Pearson, Rosenbaum
Noes: Berwald, Clark, Norton, Semen
Be Lands Master Plant List (CMR:689:3)
MOTION: Mayor Comstock moved, seconded by Pearson, that Council approve,
the M ster Plant List.
The motion passed on a unanimous vote.
Palo Alto Air;G+ort Master I.andscatpe Flan
Mayor Comstock noted that the Planning Commission recommends t� Council
that the Palo Alto Baylanda landscape consultant be engager to work with
the county to revise the Airport Landscape Vaster Plain. Be said that et
the risk of usurping the actions of the PlanninY Commission or unraveling
their recommendation somewhat, he was going to propose an alternative
action. In view of the action taken by the Council in approving the master
plant list, he would rather see the Airport Master Pien referred back to
the eaurty. .
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4/23/73
MOTION: Mayor Comstock moved, seconded by Henderson, that Council refer
the county's plan back to the county for review and revision.
Councilman Beahrs asked if the city would incur any legal or financial
obligation in this.
City Manager Sipel responded that it would not. It is the city's -preroga-
tive to approve or not approve the plan. He felt that the county could
be asked to look at it and perhaps revise it in light of the action taken
on the Baylands Master Plant List. He thought that the county would be
receptive.
Councilman Beahrs said that his question arose from the fact that the city
wag proposing the employment of a certain consultant.
Mr. Sigel replied that that was not the motion as he understood it.
Vice Mayor Norton commented that it was not clear on its face why Mayor
Comstock changed the recommendation, and he would like to hear the reason.
4e asked if it was to save specifying a specific landscape architect.
Mayor Comstock responded that it ie simply that it is the county's plan
and their re,ponaibility, and they are the ones thak. should do it.
Vice Mayor Norton asked what about the possibility of their not having the
personnel to do a good job, which was his understanding of the case.
City *'anager Sipel replied that, in that case, the city would not have to
approve the plan.
Vice Mayor Norton thought that the county should be assured of proper
guidelines to begin with.
Planning Commission Chairman Mary Gordon said that the plan could appro-
priately be referred back to the county. It is very -important, however,
Chat the city continue to have the opportunity to review it when it is
returned. Perhaps at that time it could be referred to the landscape
consultant for review.
Mayor Comstock said he was acting on the assumption that anything that
case back would have to be *pproved by Council.
City Manager Sipel confirted the assumption. He said that when the plan
cones hack, it will be reviewed using the city's own resources and/or
consultant, and if it is acceptable, the plan will be pasted on by staff
for final approval, by the Council.
Councilwoman Pearson asked whether or not the city has an ongoing consul-
tant doing the landscaping.
Planning Director Knox replied that the city has a limited contract with
Mrs, Helen Proctor to review landscaping plans brought in by developers
in the BayL nds . She has been engaged to look at a number of projects,
and she has helped aiguificantly in authoring the plant list. However,
here is a limited contract.
Councilwoman Pearson expressed concern that it would be a waste of time
and toney to send the plan to the county. She said she would like to
slake sure the proper landscape consultant is working with the county,
and the proper one for her is the one working for the city. She asked
how to make sure the county would work with Dins. Proctor.
3 i 2
4/23/73
Mr. Knox responded that there are, in this limited contract, sufficient
funds for the consultant to review plans that would come back from the
county. However, there are not sufficient funds in the contract as it now
stands to have her redesign the landscape plan. He assumed that the county,
after it reviews the plant list, will want to redesign: Ten that redesign
could be reviewed by Mrs. Proctor.
Mayor Comstock said that the intent of his motion is to return the county's
plan to the county for review and revision in accordance with the master
plant list. Council can either approve or reject that revised plan.
City Manager Sipel commented that if the motion passes, staff understands
the intent of the Council is to get a plan that we can be comfortable with,
and he said he would go to the county on that basis and prevail upon them
to revise the plan in accordance with the plant list and utilize the neces-
sary talents to produce that kind of end product. He felt confident they
could do that.
Vice Mayor Norton said with that understanding he would vote for the motion,
but he wanted to make clear the difference in procedure as he saw it. One
would be to have Norton do a plan to be approved by Mrs. Gordon, the expert,
which is the wrong way to go. The other way would be to have the expert
do the plan and for Norton to look at it later. He probably couldn't hurt
it too much. He said if you let Ole county staff do it, you are going to
get thi! rind of thin he is objecting to, and that is what he wants to
avoid.
The motion passed on the following vote:
Ayes: Beahrs, Ber ald, Clark, Comstock, Henderson, Norton,
Rosenbaum, Seman
Noes: Pearson
Santa Clara County Plannir. Polio • Committee's
y.s�nre e o e �.n°.snta r� rea :y e
�tfans�.e.recwe.us. a. e�ws
MOTION: Councilwoman ' Pearson moved, seconded by Henderson, that Council
adopt the following statement: "The City of Palo Alto recognizes the
necessity of sensitive shaping of urban growth as reflected in the Santa
Clara County Planning Policy Committee's Monte Bello Ridge Mountain Area
Study. However, none of the alternatives presented, nor the legend to
the maps in the brochure, are compatible with Palo Alto's adopted Open
Space Element or with the Open Space zone in force within that portion of
the study area in Palo Alto. Accordingly, it is recommended that the study
be returned to the Planning Policy Co=ssittee and County Planning staff to
be revised to reflect Palo Alto's approach to open space preservation.
Palo Alto will then be in a better position to comment on its contents.
We also urge the Committee and the staff to intensify and widen the range
of the study to include economic factort, traffic, cost/benefit analysis,
sienic and aesthetic factors, and geological and other environmental con-
siderations. We recognize that such an expanded planning program will
require increased costs. Palo Alto, in principle, stands ready to bear
its share of such costs."
Councilwoman Pearson stated that she thought it would be important in the
minutes of this particular item to note how v'uch of that land was owned
by Kaiser Aluminum and how such by various landowners. The percentage of
private ownership should be reflected in the total area which is -being
looked at. She felt it was significant. She referred to the Planning
3 1 3
4/23/73
Commission minutes of April 4, page 3, which said "Mr. Fayette indicated
Stanford lands and their acreage as well as those of Kaiser Permanente,
Duver.ek, Merry, Eldridge, upper Stevens Creek Park, the Garrett property,
and Seven Springs." She said the total acreage in that group vs. the
total area being studied is a significant point.
Mrs. Gordon_ responded that the Planning Commission had not yet corrected
these minutes, and it would be easy to make the correction to note the
acreages involved.
AMENDMENT: Councilwoman Pearson, with the approval of her second, moved
that the motion be amended to add the stipulation that a copy of the Plan-
ning Commission minutes of April 4, in which that item was discussed, be
forwarded to the county.
The motion passed an a unanimous vote.
(Council recessed from 9:30 to 9:50 p.m.)
Motion to Consider an Agenda Item Out of Order
4111111111 `11111=
MOTION: Councilwoman Pearson moved, seconded by Henderson, consider
item 12, Youth Advisory Council request. for Council support for Indians
at Wounded Knee, out of order<
The motion failed on the following vote:
Ayes: Cotisto,,k, Henderson, Pearson, Seman
Noes: Beahre, Bers:ald, Clark, Norton, Rosenbaum
Consideration of Planning Commission Recommendation
Planning Coamsission Chairman Mary Gordon noted that this item was referred
by Council with some pressure that it should he acted upon quickly. There
were several areas the Planning Commission addressed. One, the need, which
was well -supported, because this has been an area which has lacked park
facilities for a long time and there never really hes been an opportunity
to rove ahead tc, provide park space there. Part of the problem was that the
standard for a neighborhood park was thought to be an acre or more. The
traditional concept of what might be satisfactory in an urban area such as
this has been modified. The Commission felt that as far as this proposed
site was concerned, 11,200 sq. ft. could adequately serve the needs of the
residential area bounded by Chancing, fmbarcadero, Waverley, and Alma. Two,
as far es location was concerned, staff submitted various sites in this
general area for consideration. Some of the important considerations were
problems of traffic and the need for multi -use on a small site. This site
seemed good for providing park space for elderly and convalescent people
in the area, as well as play areas for children. It is not necessary for
children to cross major arteries in order to reach this site. The site
also held forth the opportunity to provide open green space for those em-
ployed in the medical clinic or adjacent auto row area, Three, an impor-
tant point at the Commission level, relative to size, was the idea that
Scott Street might lend itself to being closed a: Charming Avenue. This
would greatly increase the usable area of the two lots by including the
street area in frnnt of them in the park. four, an analysis regarding
development of the Webster property, points out that Scott Street is at a
precarious point of transition. Residents now have the dedication to
3 1 4
4/23/73
i1
maintain this primarily as a family -oriented neighborhood. Old and new
residents alike are working hard to restore homes recently purchased in
that area. Using the site as a park would mean a less intense residential
use of the area, less traffic, and less parking in the a_ea. Finally,
there was also discussion at the Commission level of the possibility of
eliminating from the General Plan the statement of need for a large neigh-
borhood park in the south of University Avenue area.
Bill Clebsch, 935 Scott Street, urged Council to purchase the site.
Don Kamprath, 301 Edison, addressed Council in favor of the park. See Page 360
C. W. Noble, 933 Scott Street, said Council should not only buy the land,
but should put up some money to develop it.
Susan Varian, 327 Addison Avenue, addressed Council in favor of the park.
Mayor Comstock noted that Council had received a copy of the petition
that was circulated, as well as the Planning Commission minutes and report
on this item. Also, he said Council had received a letter this evening
from Mr. Arnold expressing strong opposition to purchase of the park.
MOTION: Councilman Henderson roved, seconded by Se nn, that Council direct
staff to enter into negotiations for the purchase of the two -parcel site
adjacent to 931 Scott Street for parks, recreation, or other public use.
Councilman Beahrs commented that this proposition originated in the Finance
and Public Works Committee some weeks ago, and was somewhat a hasty affair.
They did ask for a report from staff, and staff care back with a strong
recommendation that this property not be purchased. Tonight Council has
been extolling the virtues and confidence of staff, yet is now flying in
the face of their recommendation. This apparently involv.s possible aban-
donment of a larger neighborhood park in this area which has been long pro-
jected and appeals to him. He said if he were going to buy this property,
he would buy the entire block, but this would cause opposition. He thinks
the entire matter is precipitous. Possibly Mr. Arnold is correct when he
gays this Is the fastest park in the West. He said he can sympathize with
the emotional appeal, but does not subscribe to this as good planning. He
must go along with the staff recommendation, which is against purchase.
Only the entire block would be a reasonable consideration for purchase.
Councilwoman Pearson stated she did not think this was the fastest park
in the West ---that was the purchase of Foothills Park. She said that pur-
chasing a block to t_hir area would be impossible. At one time, a site of
one acre across the street from the Presbyterian Church was considered
s :r purchase for a park. and it aroused so much fury in the neighborhood
that Council backed off. If you talk about demolishing the homes in the
area, you are talking about demolishing hones that are part of Professor-
vilie. The stated policy of the City Council is that it does not want to
demolish any more houses in Palo Alto. The park north of University Avenue
caan_=t be made into a total perk without demolishing houses. Instead, a
series of mini -parks have been created there. She suggested that Council
go there and see ghat mini -parks can do. Any attempt to buy any other
land in this area is remote. When Councilhas an opportunity to purchase
land for a park in this area, it should grasp it while it can. She said
she supported the motion wholeheartedly.
Councilman Berwald noted that in item 1 Council passed a resolution on
amendments to the Open Space plan. On page 23 of that resolution, there
is a scat m nt that is city Policy: In item 2 under Neighborhood Parks,
it says "it is the intent or the city to create a neighborhood park south
3 1 5
4/23/73
of University Avenue in the downtown neighborhood, but the purchase of a
site for it has been held in abeyance due to other higher priority needs
such as the maintenance of all low/moderate income housing units, and the
completion of the University Avenue Neighborhood Study which will analyze
alternative sites and recommend one of them." He asked if this action is
not in contradiction to that policy.
Mrs. Gordon responded that this is really what she was alluding to earlier
when she said that the Planning Commission talked about the possible prob-
lem of ever acquiring a one -acre site as a neighborhood park in this area.
It is something that should be discussed as part of the city's comprehensive
plan, relative to changing standards and recreation guides. The Commission
did not do that at this time, but it would be a proper change at a later
date in the view of the Planning Commission.
Councilman Berwald asked if she were saying that we are now abandoning the
idea of a neighborhood park. Does this mini -park substitute for the neigh-
borhood park, or will we have this and the neighborhood park also.
Mrs. Gordon responded that the Commission discussed this at some length
regarding the Scott Street proposal. The majority of the Commission
thought that any action that might rescind the policy for a neighborhood
park was premature. The merits of this mini -park could stand on the analysis
that was made. The larger question would be reviewed under the comprehensive
plan.
Mr. Knox pointed out that action on agenda item 1 was in reference to an
Open Space Element. In that element, reference to parks is to the use of
parks as open :space. The Planning Commission has put considerable study
into the open space aspects of the Open Space Element, which resulted in
the proposed amendmenta brought to Council tonight. However, as indicated
in the packet material, certain parts of several pages have not been changed
from the Open Space Element adopted in. April. Matters regarding neighbor-
hood parks were not chenge.d. Those aspects will be studied during the com-
prehensive plan process, during the next two years, in depth.
Councilman Berwald stated that he was not speaking for or against the mini -
park. He said he could not escape the conclusion from the responses he had
heard tonight that this was certainly anything but comprehensive planning.
It is ad hoc planning. Either the plan Council has just approved is not
complete, or Council is departing from the concepts of comprehensive planning.
He said he could not understand why on one hand we did not suggest a change
and add a section that would say mini -parks would be recommended in a particu-
lar area and list the circumstances, Mrs. Gordon said this was referred to
them with some pressure to be acted upon immediately. Another word which
could be used would be "precipitously." He asked if the Planning Commission
would rather have postponed this action until the study of requirements for
parks in the area was completed.
red.
Hrs. Gordon said it seemed that because of the nature of the real world, there
was an opportunity at this time to create a park and the response had to come
back from the Planning Commission in a short time. She did not feel that
discussion or analysis of park facilities in this area is something of a
Johnny -come -lately. The Planning Commission has been talking about parks
in this area for the eight years $he has served on the Commission. The
need has been established over a long period of tine. The minutes of the
Planning Commission show the majority opinion that this can serve in a valid
and positive way the kinds of mini -park or tot -lot uses that are needed in
this location. She aaid that the Commission looked carefully at other vacant
sites that right be available. Their conclusion was that they did not serve
as wee? 1. She did not think their action was hasty, but it did reflect some
change in traditional view.
3 1 6
4°/23/72
Councilman Berwald asked if the Planning Commission or Planning Department
were now actively looking for mini -park sites in other neighborhoods that
might have the same sort of requirement.
Mrs. Gordon responded that traditionally this is one of the neighborhoods
they know has been far short of park space. She did not know what other
activities staff might be undertaking.
City Manager Sipel said that staff has presented to the Finance and Public
Works Committee a five-year program for the acquisition of several mini -
parks where staff feels there is high priority. One is in the Monroe Park
area and he thought that there was something like $350,000-$400,000 in the
program suggested for the five-year period. There were no funds suggested
for 1973-74, but in the following years there was anywhere from $90,000-
$100,00►0 per year.
Councilman Berwald asked if Mr. Sipel were saying that staff was in agreement
with this proposal.
City Manager Sipel said, no, he did not say that. Staff's report which was
submitted a number of weeks ago contained a recommendation that Council
not consider this purchase, the reason being that staff felt substantial
and comprehensive study should take place regarding where the park should
be located. He di_d not think there was any disagreement that a park or
park facilities were necessary. They did have some concern about where
the facility might be located. That is why staff suggested a comprehen-
sive study he undertaken to establish where those park facilities should
be.
Councilman Berwald asked hoer long this study would take.
City Manager Sipel responded that it would take more time than there is
to make a decision or,: this site. Certainly one to two years. That &s the
frustrating part about it, and probably the bind the Planning Commission
found itself in.
Councilman Berwald said that seams to be an argument for purchasing it.
If you don't purchase it you are saying the property will probably be gone.
Ha asked if it could be sold for the sum which is being suggested to pay
for it.
City Manager Sipel said he thought it could be.
Councilman Berwald asked about the police problems at this particular site.
He asked if this had been discussed. Perhaps staff had some views on
whether the inside location might cause a policing problem.
City Manager Sipel thought that: the policing problem would be the same
as in other parks. It is presenting a serioue problem to the city staff
at this time. The degree of policing will relate in part to the kinds of
improvements made in the park. if the park is designed with an eye toward
minimizing certein kinds of difficulties, ;here might not be a great prob-
lem. The lot itself presents a problem right now because it is an attraction
for old cars and debris, and iµ not providing the kind of atmosphere that
is wanted in the community.
Councilman Rosenbaum commented that is Councilman Berwald's long series
of questions he seemed to be coming around to the proper conclusion. He
said that the point is that to some degree Council is pressed because the
lot will be gone unless action is taken. He said he did not think it was
necessary to decide on putting a park there tonight, but the city had the
resources to buy the lot and then decide where to put the park. It is not
realistic to think of buying a whole block in that area. We are likely
co wind up with a number of small parks. That is a candidate lot, and he
thought that the city should buy it and hold it. He said he was not in
favor at the moment of putting any money into it except to get it into a
clean state.
Councilman Henderson stated that he came close to moving an amendment to
the General Plan when Council was considering it regarding the Downtown
Park South, but felt it was proper to let it fall within the Comprehensive
Plan revision. The main point raised by staff at the Finance and Public
Works Committee meeting was that the city should pull back and look at
other possible sites. This has been done, and this is the best available
existinn site for a mini -park in this area. If, in the future, other park
plans are adopted for this section of town, the Scott Street property will
remain valuable for other uses. ,He couldn't imagine the city would ever
lose money on it. He felt that Council should grab what was available
and what was needed.
Councilman Clark commented that he looked out his window day after day
and tried to take up his mind on this issue. If we are going to have
several mini -parks between Etbar:cadero and Channing, then this makes more
sense. But in talking about one pork for the whole area, it does not
e!ake sense to have it on the extreme periphery, It also makes little
sense to be using R-4 land for a park when, within 1/2 block, you can
have R-1 land. The ball park figure is something like $7,500 per year on
this indefinitely in tax loss to the schools in the city by having a park
in that particular location vs. having a park one or two blocks away. He
was delighted to see what had happened to the whole area that was devas-
tated by being in limbo so long --to see it coming back and to see young
families there. He was reminded that every part of the city, as it has
grown, has been for a short time a new development. Scott Street now is
just as if it were a new subdivision. In a few years, the need fox parks
dwindles as children grow in subdivisions. Once you have made the land
into a park, he would like to see anybody with enough courage to undo
the park. If it were to go into low --moderate income housing, the price
that would be paid would be unrealistic or require extremely high density.
He did not think the park would be much value to the clinic, but it would
be nice for the convalescent home. He said he still could not be totally
in favor of this, on the basis of its being on R-4 land. A3.so, as a mem-
ber of the Palo Alto Clinic, he said he would like to put aside all fears
of a hospital or anything like that. The clinic is going to stay there.
It does have a parking problem, and it does encroach on the neighborhood,
and something is going to have to be done about that, and there is going
to be need for a modest expansion. His point was that in doing long-range
planning people hed better keep that In mind, and not come back in a year
and say that one reason the city's permission for whatever clinic expan-
sion is needed can not be granted is because it is too close to a park.
Vice Mayor Norton said he would not repeat the reasons why he would vote
against this, because they appear in the Finance_ and Public Works Committee
minutes and minutes of previous meetings of the Council. He said the park
is badly planned in the sense of location. It is against the staff recom-
mendation. It is too expansive and the underlying motive appears to be to
obstruct construction by Mr. Roller of 12 units of new housing.
Councilman Beahra asked if any consideration had been given td the posai--
bility of taking an option on this property. He would be sore coafcrtable
with that than buying et R-4 coats what he considered to be inadequate
space for a park.
318
4/23/73
City Manager Sipel said he discussed that with the owner some time ago.
He thought the city would have, to pay too much for this kind of option.
The owner wishes to move rapidly. It would cost him additional funds
to delay further. In an option, the city would be paying for the delay,
and the cost would be ton high.
Councilman Beahrs asked if the owner of the property were asking the city
to compensate him for plans he has developed.
City Manager Sipel responded that he did not wish to negotiate this in
public, but he would say that this is a factor to be discussed.
Mayor Comstock commented about the location of parks. The last couple of
parks the city has bought --one on Amarillo near Bayshore (Greer Park) and
another at Fernando and Wilton --were both distinguished by three or four
things: parcels of land of horrible shapes, in strange locations ---one
next to the creek and one next to Bayshore. They were not centrally
located in the neighborhood. On the other hand, there were no other
parks in the area, and there was widespread neighborhood support for
both of theta. Council responded properly and built the parks, which
the people have used. The parks have had a positive effect on the neigh-
borhood in both cases. Those particular neighborhoods, in terms of psycho-
logical effect of the placement of the parks there, were neighborhoods
that turned around. That illustrates the classic dilemma. If we reject
this site and study things for a year, we will come up with another site
that is in the wrong place, isn't big enough, and doesn't meet all the
requires tints. He said that he, titer, was awaiting with interest the
arising of the ideal park site somewhere, but because we are dealing
with a developed city we have to face things as they are. The question
has been raised that this action Is hurried. The Council decided quickly
to buy the park on Fernando, and the one on Amarillo. There was probably
less study in the case of those two parks mentioned than, has been the case
here. In this area, there has been an ongoing study. He urged Council to
consider the facts And what the objectiv=es and the objections are and what
Council might do for the neighborhood, which is in a state of turnaround
and improvement. A park will be a valuable plus to those efforts. He
understood that the people want a park, but he pointed out that the Council
motion at this point is a little more broadly stated, specifying parks,
recreation, or other public use.
Councilwoman Setaan stated that it gave her great pleasure to support this.
It is like the Squire House proposal. There is no opposition to this with
the exception of Mr. Arnold. The whole neighborhood around it supports it.
She said it gives Council, an opportunity to demonstrate that it wants to
upgrade a neighborhood that has been deteriorating for years.
Councilman Beahrs commented that much of what had been said was true; how-
ever, we have a lot of awkward situations in this town because this Council
does not have the courage to do things properly. He said he believed in
doing things the right and best way. Fe was still for a neighborhood park:
in Chie area, but he was not about to compromise.
The motion passed on the following vote:
Ayes: Eerwald, Comstock, Henderson, Pearson, Rosenbaum, Seman
Noes: Beahrs, Clark, Norton
Councilman Henderson recalled that the Planning Commission discussed the
possibility of consideration of closing Scott Street at Channing.
319
4/23/73
MOTION: Councilman Henderson moved, seconded by Pearson, that Council
direct staff to study and report to Council on the feasj.bility of closing
Scott Street to through vehicular traffic.
The motion passed on the following vote:
Ayes: Berwald, Clerk, Comstock, Henderson, Pearson, Rosenbaum,
Semen
Noes: Beahrs, Norton
Consultant Contracts for a Co rehensive Plan
an on n4 r nance .:
MOTION: Councilwoman Pearson introduced the following ordinance and moved,
seconded by Semen, its approval.
ORDINANCE SO. 2715 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF
PALO ALTO AMENDING THE BUDGET R,R THE FISCAL YEAR 1972-73 TO INCREASE
THE AP;t'P1OPRIATION OF HE PLANNING DEPARTMENT TO RETAIN CONSULTANTS
FOR THE PEVELOPP ENI OF A COMPREHENSIVE PLAN AND ZONING ORDINANCE"
The ordinance was adopted o,: a un nireus vote,
MOTION: Mayor Comstock moved, seconded by Henderson, approval of the con-
sultant agreement with Livingston b Slayney.
The motion passed on a unanimous vote.
MOTION: Mayor Comstock moved, seconded by Beahrs, approval of the con-
sultant agreement with Gruen, Gruen & Associates,
The motion passed on a unanimous vote.
Apartment L1censir� Inf orr. aticnal Sign (C1'1i::688: 3)
Mayor Comstock :voted that Council had received a report from the Human
Relations Commission with a recommendation to approve the licensing infor---
mational sign, a copy of which was posted on the wall of the Council Chambers.
MOTION: Councilwoman Pearson moved, seconded by Henderson, that Council
approve the design and wording of the apartment licensing informational
sign.
Councilman Berwald asked where the sign would be placed. Inside, outside,
near the office or where?
Assistant City Manager Walker said that the placement of the sign would
depend in large measure on whether or not them was an apartment manager's
office. In the case where there is no office, the sign could be placed
outside of the building at a logical location where it could be seen by
people approaching the building. If there is an office where people will
go to conduct business, it will be placed there, Staff will come back to
Council, probably some time in June, with administrative regulations for
the ordinance which will include regulations for the display of the sign.
Councilman Berwald consented that he did not like the color that had been
selected for the sign.
320
4/23/73
Councilman Beahrs commented that the second line of the proposed sign
stated that records on available units are open for inspection. He asked
about the situation where there are no units available. Does the sign
have to be constantly posted or only when apartments are open for inspec-
tion to renters.
Mr. Walker responded that the posting of the sign would be constant. The
situation relative to records would depend on availability of units. It
there were no units available, then that would be the information that
would be provided to prospective tenants.
Councilman Beahrs said he did not remember that the ordinance would rquire
a constant sign posting. He said it seemed foolish to have an apartment
house have a sign year in and year out which is unnecessary.
Mr. Walker said that the ordinance does require continual posting of the
sign in those units covered by the ordinance.
The motion passed on the following vote:
Ayes: Beahrs, Clark, Comstock, Henderson, Pearson, Rosenbaum, Seman
Noes: Berwa ld
Abstain: Norton
Youth AdvisoL ' Council Re uest for Council
77-777 737 n ans at nouSil,e .nee an eir Demavds
Councilman Henderson, Council liaison to the Youth Advisory Council, intro-
duced Dana Bergen, representing the Youth Advisory Council.
P,na Bergen stated that on February 27, after years of suffering and frus-
tration and unable to call attention to their plight in any other way,
Indians took over Wounded Knee and made demands, which she then cited.
She read the resolution which had been passed by the Youth Advisory Council,
and asked that the City Council take similar action.
Councilman Beahrs counted that he understood this is largely a juris-
dictional matter between the American Indian Movement and certain tribes.
He said he was not enthusiastic about japing into an Indian war. He
asked if the YAC were thoroughly informed on this. He said he was not a
believer of the doctrine of original sin and did not intend to apologize
for actions he was not directly involved in.
Hiss Bergen responded that she understood that the American Indian Move-
ment was the group that was standing out and speaking for the Indians,
and fighting and working for the Indians. She .sAld that as far as our
being responsible for what was done to the Indians 200 years ago, it is
still being done to them right now. They are still being treated like dirt.
Robin Williams, 281 Lassen Avenue, Mountain View, said she attends Palo
Alto High School and she addressed Council in support of the resolution.
Leslie Naesan, 1058 Fife, representing Palo Alto Vencereuos, addressed
Council in support of the resolution.
George Martin, a member of San Jose AIM, addressed Council in support of
the resolution.
32 1
4/23/73
Jeffrey Youdelmar:, 720 Waverley, addressed Council in support of the reso-
lution.
Michael Salo, 3178 Ross Road, representing the Palo Alto Indian Support
Committee, addressed Council supporting the resolution.
John Snow, 105 Lowell Street, addressed Council urging those concerned about
Wounded Knee to write their representati'ies in Congress.
See
Page
360 -
See
Page
360
Councilman Henderson commented that as liaison to the Youth Advisory Council
he would ordinarily make the motion to place this item before Council, but
he was not willing to do so on this particular subject. He felt Council
should respond to what had been said, however. He explained why he was
not willing to take the action suggested. He said, certainly, Council
deplores the manner in which Indians have been treated in this country.
He wished Council to take action to rectify these wrongs, however it is a
subject outside of Council's iurisdiction. In addition to being outside
Council's jurisdiction, he did not know the facts well enough to make a
judgment. He said he does not support actions involving violence. There
is controversy among the Indians thet'selves on the subject of Wounded Knee.
People with long histories of working for Indian rights are not speaking
out as yet. He commended the YAC and other young people who were expressing
true concern. He supported the right of the YAC to issue their stateoent.
MOTION: Councilman Henderson :roved, seconded by Pearson, that Counoi_►
approve the request for the Youth Advisory Council to issue a statement
supporting the Indians at Wounded Knee and their demands.
Councilman Beahrs commented that he found this not to be a timely effort.
This whole problem wan red hot many weeks ago, and he asked where vere
these people at that time.
Mayor Comstock responded that Council is tonight receiving action that
was taken at the YAC meeting of April 5.
Councilman Beahrs stated that this debacle goes beyond that. He found
it hard to understand the activities of the federal government, when in
the last year or so some 50,000 Indians in Alaska have been given $1,000,000,
and have been given hundreds of thousands of square miles of fine land.
This was the reselt of court action, which is the usual method in society
to get differences satisfied. He said that everyone as individuals with
opinions should contact federal legislators and others responsible at the
federal level. This Council has gone overboard in trying to assume respon-
sibilities of the Presidency, the State Department, and the Department of
Defense, and now it is being asked to take over the Department of Indian
Affairs. These responsibilities have been delegated to higher levels of
government. The courts have already detionstrated they will perform, and
Congress has backed up the decision in the Alaskan case.
Councilwoman Swan said she would vote for the motion for action by the YAC,
and she thought it was fair to say what was on her mind.
1. Do I have concern for the plight of the American Indian --yes.
2. Is the action at Wounded Knee the best way to improve the lives
of the Indians --I don't know.
3. Is this an appropriate action of the Palo Alto City Council --Since
I don't know it is the best way, I cannot approve it,
4. Should the YAC be permitted to put forth its resolution --Of course.
3 2 2
4/23/73
Councilman Berwald stated he was going to vote against the motion because
it is one thing to support the legitimate interests of the Indian -American,
and another thing to say that we are supporting the demands of the Indians
at Wounded Knee against the United States Government. He was not willing
to do that. This is a poorly worded resolution because it forces him,
as an American citizen, to defend a group of Indians at Wounded Knee against
his government. He could not support this particular motion, and he could
not support endorsing the YAC's making it. He thought if they would have
a more equitable motion he could support it. He said that he does not
support any group of American citizens or anybody in the United States
invading the Bureau of Indian Affairs or carrying around machine guns or
whatever. At this point it is not clear whether this is a reco=er.dation
of the YAC or Venceremos.
Councilwoman Pearson said that Council should know where this recommenda-
tion was three weeks ago. It was in her kitchen. She was asked to put
this subject on the agenda, and she did not do so because she did not know
enough about the subject and did not have an opportunity to educate herself
to it. She said she would admit that she felt political about it and that
she still does. It is difficult not to support the YAC and take the action
they are asking. She did support the YAC sending their own statement.
They have that right. She recognized the native Americans are doing what
all the other minorities have found they must do to impress upon the majority
the gross injustices that are perpetuated upon they by a majority of the
people and by the system. It has been noteworthy that the media have
been reluctant to give the public the full coverage of the event. She
said she was still in the process of educating herself. She has done a
lot of reading and there is no question in her mind that the Indians have
been mistreated and that it is still happening. At this time she could
not place the Council in the position of having to support something that
she did not feel any member knew enough about, but she would support the
?AC its the rotic:n offered.
Mayor Comstock said that he clearly would support this motion. He would
not eupport Council's taking this position. He said he could not speak
as to the plight of the Indian in this country. From what he does know,
he was prepared to make a judgment on the action at Wounded Knee. He has
concluded that what is going on at Wounded Knee is not going to solve the
problem, and is going to be counterproductive. He said he would give the
YAC the opportunity to speak to the matter.
The motion passed on the following vote:
Ayes: Clark, Comstock, Henderson, Pearson, Rosenbaum, Sessan
Noes: eahrs , iserwald
:abstain: Norton
Removal of "D" Suffix from Zoning Deql,EILLISB
ressway and
�a shore rr reway
MOTION: Mayor Comstock introduced the following ordinance and moved, duly
seconded, its adoption:
ORDINANCE NO. 2716 1 (TITLED "ORDINANCE OF IRE CODICIL OF THE CITY OF
PALO ALTO AMENDING SECTIONS 18.08.030 AND 18.87.020 AND REPEALING
CHAPTER 18.58 AND SECTIONS 18.42.040, 18.44.040, 18.46.050, 18.48.040,
AND 18.79.080 OF THE PALO ALTO MUNICIPAL CODE TO ROVE CERTAIN PROP-
ERTY AND USES LOCATED BETWEEN BAYSHORE FREEWAY AND FOOTHILL EXPRESS-
WAY FROM SITE AND DESIGN CONTROL AND TO DELETE A ZONING CLASSIFII AT1ON
NOT APPLIED TO ANY PROPERTY"
3 2 3
4/23/73
The ordinance was adopted on a unanimous vote.
Revision of Titles 16 and 18 of the PAMC
e rc ec ura ev oar e u at ors and
deememeA-
on ng r Hance to an es gn str ct egulations
MOTION: Mayon Comstock introduced the following ordinance and moved,
seconded by Pearson, its adoption:
ORDINANCE NO. 2717 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF
PALO ALTO AMENDING SECTION 16.48.020 OF THE PALO ALTO MUNICIPAL CODE
TO EXEMPT PROJECTS WHICH OBTAIN APPROVAL OF THE CITY COUNCIL UNDER
CHAPTER 18.82 (SITE AND DESIGN CONTROL DISTRICT) FROM ARCHITECTURAL
REVIEW"
The ordinance was adopted on a unanimous vote.
Old Police/Fire Suildin
mmmommommwA
Mayor Comstock commented that. item 19 would require quite a lot of time
because it dealt with the City Manager's reports in the recent packet and
also in an earlier packet. He felt it would be more appropriate to con-
sider it at an earlier time at 4 subsequent Council meeting.
MOTION: Mayor Comstock roved, seconded by Berwald, that item 19 le con-
sidered out of order and that it be continued for one week.
Councilwoman Seman asked if it would be better to take it out of order for
referral to committee.
Mayor Comstock felt that that would open up the subject to discussion.
City Manager Sipel expressed some concern with the amount of time it has
been since Council first directed staff to move on these proposals. Staff
is now at the point where it needs to move further as rapidly as possible.
He would like to deal with it at the Council level. Basic policy questions
must be decided before staff can go further to develop the proposal. He
suggested that Council review the subject rather than sending it to com-
mittee.
Councilwoman Pearson agreed, e::cept that there are policy decisions to be
made at Council level, but once the next step is reached where there would
be solid proposals from four different people, perhaps at that point it
might be justified in going to committee.
The motion to continue passed on a unanimous vote.
lication for Alcoholic Bevera a Licensee -Town
1a e
Palo Alto California
MOTION: Mayor Comstock moved, seconded by Norton, that the staff report be
filed.
The motion passed on a unanimous vote.
3 2 4
4/23/73
Green Acres I Assessment Bond (CMR:674:3)
MOTION: Mayor Comstock introduced the following resolution and moved,
seconded by Berwald, its adoption:
RESOLUTION NO. 4752 ENTITLED "A RESOLUTION ORDERING REDUCTION OF
ASSESSMENTS -- GREEN ACRES I UNDERGROUND UTILITIES CONVERSION PROJECT
NO. 71-85"
The resolution was odopted on a unanimous vote.
MOTION: Councilwoman Pearson introduced the following resolution and
coved, seconded by Comstock, its adoption:
RESOLUTION NO. 4753 ENTITLED "A RESOLUTION DETERMINING UNPAID ASSESS-
MENT AND PROVIDING FOR ISSUANCE OF BONDS -- GREEN ACRES I UNDERGROUND
UTILITIES CONVERSION PROJECT NO. 71-85"
The resolution was adopted on a unanimous vote.
MOTION: Councilwoman Pearson introduced the following resolution and
moved, seconded by Henderson, its adoption:
RESOLUTION NO, 4754 ENTITLED "A RESOLUTION AUTHORIZING PURCHASE OF
BONDS BY CITY --- GREEN ACRES I UNDERGROUND UTILITIES CONVERSION
PROJECT NO. 71-85"
1
1
Councilman 8eahrs commented that the logic was good, but he asked if this
were the first time that this had been done, and would it be creating a
dangerous precedent.
City Manager Sipel responded that this had been done OR several previous
occasions.
Mr. Deverel confirmed that bonds have been purchased by the city on approxi-
mately seven occasions since 1967.
The resolution was adopted on a unanimous vote.
Water Rate Revision (CMR:685:3)
MOTION: Vice Mayor Norton moved, seconded by Comstock, that Council refer
the report and the proposed rate schedules to the Finance and Public Works
Committee for its review and reeommendation to the Council in conjunction
with adoption of the 1973-74 budget.
The notion passed on a unanimous vote.
Santa Clara County Information and Referral Services 04R:690:3)
MOTION: Councilwoman Semen moved, seconded by Pearson that the City Council
go on record indicating the importance of the establishment and facilitation
of a well -publicized, comprehensive, and coordinated countywide Information and
Referral Service, staffed by professionals and operated on a 24 -hour basis.
The program should be effective in the North County, as well as in the San Jose
area, ar:d should enhance and coordinate existing I and R Services.
The motion passed on a unanimous vote.
325
4/23/73
Re nest for Resolution Expressing,Council's Support
or AB Beverage Containers
Councilwoman Pearson commented that a resolution on this subject had been
received from another city asking the legislature to take some action
regarding pop bottles and cans, etc. It seemed, since the YAC had asked
Council at one time to support that kind of motion, Council could support
this bill at this time.
MOTION: Councilwoman Pearson moved, seconded by Comstock, that Council
direct the City Attorney to draft a resolution in support of AB 594 to be
brought back to Council.
The motion passed on the following vote:
Ayee: Beahrs, Ber.iald, Clark, Comstock, Henderson, Pearson, Rosenbaum,
Seman
Noes: None
Abstain: Norton
Re °est for Staff to Prepare Plans for a Nature Trail
t}n4 77ancis ssi to r eL_e A, iacent to a o A eo t venue
s:oil0N: Councilwoman Pearson moved, seconde by Comstock, that this :natter
be continued to April 30.
the irotion to continuo passed on a unanimous vote.
Request that City Attorney Prepare a Resolution
.oil rfdre 'o , etronoiitan Traesoortation
MOTION: H_=.yor Comstock moved, seconded by Pearson, that staff be directed
to prepare a resolution expressing support of SB 331 (Re transfer of title
of toll bridge to Metropolitan Transportation Commission).
Councilman Beahrs asked the City Attorney whether or not the entire pcpu-
lat:.on of the State of California owned title to -these facilities that are
now to be transferred to a local agency by a vote of only a portion of
the people.
Ct Attorvey Stone replied that the title to those bridges is held by
the State.
Councilman Beahrs said in the name of the entire people we would be asking
a local jurisdiction to take them over. He asked about the bond obligation.
Was if: guaranteed by the entire population of -the State, and would the move
here require pi;king up the boad obligation?
City Attorney Stone said that would not necessarily be the case, because
they are revenue bonds and are being paid out by tie revenue generated by
the bridge.
Councilman Berwald stated he was going to vote against the motion because
he did not know enough about it to vote. He :laid he had any questions,
one having to do with the Charter of the MTC, which he did not realize
3 2 b
4/23/73
contemplated managing any facilities. Another concern is that the Knox Bill
on regional government puts MTC under a regional agency which would inherit
the management.
Mayor Comstock said that he would deluge Council with further information.
The emotion passed on the following vote:
Ayes: Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Seman
Noes: Beahrs, Berwald
Request that City Attorney Pre are a Resolution
protesting Increases =let v tr at o ett eld
Councilwoman Pearson stated that she was requesting that the City Attorney
be asked to prepare a resolution protesting increased air activity at
Moffett Field because of the shift from Alameda Air Force Base, and that
Moffett conduct any take -off and landing practices at Crow's Landing. The
government is going to close Alameda, and citizens need to know what that
means tegarding Moffett Field. Also, at Alameda there is an overhaul and
repair station for the aircraft carrier fleet. She wanted to know whether
that would be continued, or if it would be transferred. Some time ago
everybody protested jets over Moffett, and jets were transferred to Lesoore.
If jets from Alameda reserve units start flying out of Moffett, that would
increase weekend traffic at Moffett. .1s it is now, Moffett closes down
on weekends. Another possibility has to do with Crow's Landing. About
ten minutes way from here there is a landing field which is owned by the
government. It is an alternative field with a tower which is manned, and
it has very few airplanes going in fnd out, and she was suggesting that
because Moffett Field present 1y has over 110,€000 take -offs and landings
every year over a populated area, that they transfer to Crow's Landing.
Since the runways are only 8,000 ft., it could not take jets, but it could
take the turbo -props.
MOTION: Councilwoman Pearson moved, seconded by Henderson, that the City
Attorney be requested to pref.a_e a resolution protesting increased air
activity at Moffett Field because of shift from Alameda Air Force Base,
and that Moffett conduct any take -off and landing practices at Crow's
Landing.
Councilman Bervald stated that he agreed with the thrust, but he questioned
the procedure. He thought that perhaps a better alternative course of
action would be to ask staff to discuss this with the Commander at Moffett,
and get some information from their standpoint. He hesitated to authorize
preparation of a resolution witiout knowing their plans. Council would be
taking this step before finding out facts.
Councilman Clark commented that some communities protest when the govern-
ment closes facilities, and other communities do the opposite when they try
to keep facilities going. He did not feel that there were enough facts, and
he was opposed at this time.
Councilman Beaters agreed that I:her.e was not enough information. He thought
that Congressman McCloskey should be questioned. Much of the air activity
at Moffett Is of strategic defense to this country, and this coast. He
would not want to create too many problems there. He felt this should be
deferred until there had been more exploration of the question.
327
4/23/73
Councilwoman ?earson responded it is known there are plans to increase the
air activity at Moffett because of the closure of Alameda. Whatever they
do is going tc cause less peace in the area. There is an alternative place
to practice touch-and-go landings, rather than over a populated area. She
was not suggesting that Moffett Field be closed down. They can do the
routine things at Crow's Landing. In order to prepare a resolution, Palo
Alto has to be more aggressive than the federal government.
Councilman Beahrs asked what about Lemoore?
Councilwoman Pearson said that is over another populated area.
Councilman Rosenbaum did not think that there was any disagreement that
it is desirable to cut dawn on noise generated by Moffett, and said he would
agree that Palo Alto does not know the federal government's plans. He felt
it would be more appropriate to ask staff to direct a letter to Congressman
McCloskey making inquiries and getting his opinion. A resolution suggests
that minds are made up based on reasonably good information.
SUBSTITUTE MOTION: Councilman Rosenbaum moved, seconded by Iserwald, that
staff be directed eo direct an inquiry to Congressman McCloskey regarding
this issue, caking Councilwoman Pearson's suggestions and asking for a
response.
Tha substitute notion passed on the following vote:
Ayes: Beahrs, Berwald, Clark, 'Henderson, Norton, Pearson, Rosenbaum,
Sean
Noes: Noes: Comstock
Exer tion of Church Pro ertS from the
G'XS vets y venue ar bcigz s_tr ct CMR•682:3)
Mayor Comstock noted that Council had received a report from Assistant
City Manager Warren Deverel, with attached letters. The report summarizes
the actions that should be followed, Ind the church has followed the nec-
essary procedure and now the shatter is up to Council.
MOTION: Mayor Comstock moved, seconded by Pearson, to direct staff to
make necessary reassessment calculations, and set a public hearing, on
the ratter.
Mr. Dewey E. Turner, 46) Hamilton Avenue, urged that Council request a staff
report so that everyone would have more information.
Mr. Deverel asked if it were the intent that staff proceed with the reassess-
ment calculations and call a public hearing, or provide the Council with
more data.
SUBSTITUTE MOTION: Mayor Comstock moved, seconded by Pearson, that Council
direct staff to prepare a summary of Ch': specific procedures to be followed
in this case, the implications of such action, staff time required, cost,
and the opinion of bond counsel.
Councilman Rosenbaum noted that this had gone in quite a circular path.
It came to the Mayor; he referred it to staff; staff said it is going to
be too much work unless Council directs them to do it. He felt tonight's
action should not be regarded as a commitment to eliminate this assessment.
3 2
4/23/73
Mayor Comstock said he did not mean to indicate that any decision had been
made prior to the public hearing.
Councilwoman Pearson commented that every time Council has the University
Avenue District come before it to set the tax rate, the church comes and
says it is unfair. She thought maybe the action was a little late.
Mayor Comstock commented that staff had indicated their report would be
back in time to set the hearing process in motion in order to relate it
to the coming fiscal year.
Councilman Henderson asked whether there is any other property under simi-
lar circumstances. This seems to be a time --consuming job, and any other
parties that might be in this status should be considered,
Mr. Deverel continued it was staff's intent to advise Council of potential
similar requests.
Councilman Beahrs asked for a historical sketch on this problem. He thought
this was a belated effort ---the problem had existed for a long titre.
Mayor Comstock responded that Council hat corresponded fervently on the sub-
ject in past years and was now deciding to co beyond correspondence.
The substitute motion passed on a urianfrous vote.
Oral Communications
1, Bonnie Bentz, 1901 Manhattan Avenue, East Palo Alto, read a letter
which had been snt to the City Council regarding residents on
Crescent Drive duping trash on the other side cif the creek.
2. Norman James Gerrard; 851 University Avenue, addressed Council
regarding his arrest by Police while a resident of the Residential
Treatment Center.
Mayor Comstock responded that he had no knowledge of the incident
until this evening. : aff has informed hire that there is a meeting
set for May 1 having to do with this issue. He said it was diffi-
cult to comment without more information, but he would be interested
in seeing the report of the meeting.
3. Bill Baumgartner, ?351 University Avenue, a counselor at the Resi-
dential Treatment Center, addressed Council protesting the inci-
dent, and expressing his opinion that it was in violation of the
Police Manual General Order which was written following a similar
incident last year at The Collective.
4. Claire_Smith, member ot, and representing, the staff of The Collective,
stated that the staff was standing in total solidarity with the staff
of the Residential Treatment Center in total opposition to the viola-
tion of the City Council's policy by the Police force of Palo Alto.
5. Mike Pox, a member of the staff of The Collective, addressed Council
protesting the Police action.
City Manager Sipe' said that this case involved a felony warrant
for $25,000, and the issue was whether or not the warrant shculd
be served by mail, by telephone call, or walk up to the door and
serve it. The question is whether or not the Council wants this
329
4/23/73
facility to be a sanctuary. Does Council want the Police Depart-
ment to fulfill its duties with respect to these kintis of warrants.
His feeUng was that the policy established for The Collective
does not apply in this case. He felt what the Police did was
entirely proper, and they should do exactly the same thing again in
similar circumstances.
Councilwoman Pearson expressed concern, She said here was a
sent to the RTC by a court, and that is what
turns around that he suddenly is served with
arrest. She felt that was truly contrary to what had been estab-
lished, in that the RTC is a sanctuary to someone legitimately
placed there, and that he has to be given a chance. She wes con-
fused about how far the city should go to let the law come in. It
seemed it was legitimate that he be there, in the house, on a court
order, and also that he be protected since he was sent there in the
first place. She said she needed some explanation as to why staff
felt justified because someone had a warrant. Another problem is
what happens between now and May 1. The RTC is experiencing the
same kind of annointment that happened to The Collective on Ramona
Street. Having gotten through the first phase on Ramona, it seem-
ingly has gone fairly well. There has to be some kind of under-
standing worked out for the RTC, or it is not going to work.
man
it is all about. It
a warrant for his
Mayor Comstock noted that Mr. Sipel had indicated that a re-.ber of
the PACDAB Board was contacted, and was a participant, in this
incident. He thought that it was a natter for the PACDAB Board
and staff to solve to their satisfaction before he would respond
any further to it.
Councilwoman Pearson asked again what happens between now and
May 1.
Police Chief Zutcher stated that the meeting is scheduled between
the Police Department, the representative from the City Manager's
office, and the RTC staff for May 1.. Between now and May 1 the
Police would operate within the guidelines Council had established,
which was essentially that they would not enter or approach the
RTC or CPC in the absence of a warrant of arrest, a search warrant,
or in hot pursuit. That is exactly their position in this case
at 851 University Avenue. The Police are not informed as to who
is committed to the RTC program. The court which commits a person
for treatment does not always know what other outstanding criminal
matters might be facing that individual. If Palo Alto Police had
not operated in this fashion, they would not have been fulfilling
their respoaslbility to the total community, because that respon-
sibility is greater than to the residents at the center.
Councilwoman Pearson asked about the question that procedure was
not followed.
Vice Mayor Norton stated that if there was any notion, as far as
he was concerned, that this Council, was going to create a sanctu-
ary for people arrested from other jurisdictions on warrants, or
a warrant for a nor, -drug related matter, the complainants are under
a misapprehension, and if there is ace notion that a person in
either of the two drug treatment centers is sheltering himself from
arrest by use of city facilities in this manner, he would not sup-
port it. If there is an informal arrangement with the Police sus
to how the warrant is to be executed, he would have no serious
objection to that. As far as creating a sanctuary --no way. He
330
4/23`73
said that the drug abuse staff would just have to adjust their
program to that point of view. Also, he did not approve of the
drug staff coming to Council and converting this meeting into a
Police Review Board. Finally, he said if the city's own paid
drug program staff is going to come in here and make demands,
and require the Police to respond under threats, he would not
support continuation of the drug program. He said that they
were going to have to realize that they are dealing with Council
on even terms, and we are trying to work together on this, and
he said it does not set well with him for them to come to Council
demanding that he do anything.
Mayor Comstock announced that members of the audience were dis-
rupting the meeting, and the meeting was therefore adjourned.
Ad ournment
The meeting was adjourned at 12:30 a.m.
APPROVED:
ATTEST:
I,
•
City Clerk '
A y.01
Mayor
331
4/23/73