HomeMy WebLinkAbout04301973CITY
COUNCIL
MINUTE'S
The City Council of the City of
in a special joint meeting with
presiding,
Council Members Present:
Council Members Absent:
Norte
CIW
April 30, 1973
Palo Alto met on this date at 7:30 p.m.
the Planning Commission with Mayor Comstock
Beahrs, Berwald, Clark, Comstock, Henderson,
Norton (arrived 7:38 p.m.), Pearson,
Rosenbaum, Semen
Planning Commissioners Presents Brenner (arrived 7:38 p.m.), Cody,
Gordon, Rack, Steinberg
Planning Commissioners Absent: Klein, Powers
Mayor Co lstock. announced that this evening Council would be addressing
itseaf tc several matters which bad 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 prohibits 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.
Downtown Beautification Pro ject (CMR:704:3) ( 1:700:3)
Mayor Comstock announced that the procedure would be to have some comments
by staff, the presentation by the consultant, followed by questions from
Council and Planning Commission members, comments from members of the
public, and then staff and consultant recommendations would be before the
Council and Planning Commission for consideration.
Louis J. Fu'i.r'croy, Manager, Special Projects, commented that as a result
of concerns for the environment of the downtown area, the staff recom-
mended an extended program which resulted in the development of approval
of a framework statement and then a statement of objectives and policies,
which were the basic guidelines and parameters under which the beautifi-
cation project would proceed. This was followed by the selection of the
design consultants for the project. He reviewed the experience of the
consultants who were selected. He said that the procedure adopted in the
contract calls for four basic phases in the project: 1) concepts, which
is what Council would be dealing with tonight; 2) the planning stage;
3) working drawings; and, 4) eupervisore to see what the contractors do
is what is provided in the plan. In each case the project will come back
to the City Council so that direction can be indicated to the consultants.
He noted that the consultants in this particular project have worked con-
tinuously with the downtown community, and the concepts they would be pre-
senting had been significantly evolved. rather than mandated. In respect
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1
to the project itself, it is important to consider the budget. The total
figure that was initially used was $1,000,000, of which $240,000 will be
spent for placement of wires under the ground for the electrical ligt..:ing
system. The remaining $760,000 will be for what is above the ground --
beautification and actual lighting. The funding contribution from the
city of $175,000, and from the assessment distr.ct to be formed of $580,000,
are the estimated actual dollars that will be available for construction
to physically change the environment. The budget does not provide for a
major beautification project, but does provide for upgrading of the envi-
ronment. The consultants are operating within the limitations of the
framework objectives, policies and budget. It is within these constraints
that the consultants have developed a project to be presented to Council
tonight. Council members will not actually be making a final decision
tonight. They will be approving basic direction to the consultants.
Later, detailed plans will be approved through the various departments
and the Council. Mr. Fourcroy introduced Mr. George T. Rockrise, con-
sultant, of Rockrise, Odermatt, Mountjoy, and Amis.
Mr. Rockrise introduced Mr. Kenneth Johnson landscape architect, and the
prciect designers Mr. Ed Hays. He presented conceptual drawings for down-
to.'n Palo Alto beautification, }e traced briefly the actions followed in
producinsz such a project. They began with a photographing and wal'r•.i.r.g
tour of the city, talking to merchants and attempting to know the city
f i rs t .hand. F: noted the significance of the cooperation of Downtown
Palo Alto, Inc. and thanked Crystal Gaaage and the officers of the corpo-
ration. He said that their firm had held three discussion meetings with
erchants and tenants and interested citizens. They also conferred with
Spencer S Busse, design consultants retained by Palo Alto, Inc. Three
alternatives were developed which were presented to the merchant; and
Downtown Palo Alto, Inc., and key members of the city staff. Tonight they
wished to ask the Council an Planning Commission to choose a scheme and
to empower the City Manager to authorize the consultants to proceed,
Mr. Rockrise continued with a slide presentation illustrating the three
alternative proposals.
Mayor Comstock indicated that questions from Council or Planning Commission
were in order.
Councilwoman Pearson inquired if any parking space: would be lost with
alternate plan #2 and was told that there would be a loss of about 60 cars.
Councilwoman Pearson then asked about the ultimate height of the trees,
and Mr. Johnson responded that the London Plain Tree gets to be quite
large and probably needs to be pruned selectively, and he estimated a
height of about 35 feet. Councilwoman Pearson queried if there was any
city in the area that had the "lucolux" lights, and Mr. Rockrise indicated
that some are in use in Berkeley.
In response to a question from Councilwoman Pearson about where "bomanite"
could be seen, Mr. Johnson responded that this material has been used in
the Bay Window Restaurant on Alma Street in Menlo Park and at the inter-
section of Middlefield and Willow in Menlo Park.
Mtn.Brenner asked whether the "lucolux°" lamps are incandescent or flores-
cent, and Mr. Rockrise responded that since these lamps have a filament
and a vapor, they are really a combination of the two.
Councilman Jeahrs commented that the alternative plan #1 proposed some
rather revolutionary changes with respect to tran+aitting traffic, and
that the traffic problem had been one of the worst difficulties in this
town's coming to any decision on downtown improvements.
See
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378
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Mr. Rockrise replied that at one point they suggested that a scramble sys-
tem be used on University Avenue, where all traffic would stop and pedes-
trian traffic would go in all directions. When thin concept was pursued
with the Traffic Department, they were informed that the traffic had been
a problem, and that the scramble traffic, plus medians, would bring every-
thing to a complete halt; therefore, the consultant abandoned the scramble
system.
Councilman Beahrs asked if traffic on University Avenue would be inter-
rupted. The concept indicated to him that traffic stopped there.
Mr. Rockrise responded that alternative #1 included a median strip calling
for the present center lane of the street to be replaced with trees and
greenery. That center lane was divided in half, and there would be a left
turn eastbound, and on the other half a left turn westbound. The median
would permit no passing of a car trying to park. Alternate #2 leaves
University Avenue exactly as it now stands, with the sa'ie signalization.
There is nothing to disturb the traffic flow.
Planning Commissioner Steinberg asked if the plaza treatment would be just
on the four corners, with the center of the plaza remaining the kind of
.-treet it is now, and Mr. Rockrise responded affirmatively.
Councilman! Rosenbaum noted that the cost of these improvements is $565,000
and $350,CO0 had been r.entiorted as the total, exclusive of lighting. He
asked what the other $135,000 was for.
See Page
378
Mr. Fourcroy responded that this ac,un} includes funds to pay the consultants See Rag
for a variety of things such as: soils investigation, materials testing, 378
legal services, advertising, and miscellaneous services involved in these
activities. There is also a project contingency. Inspection and surveying
design administration that staff would be doing would be involved. See
Page
Counci1,san Rosenbaum commented that the proposal suggests a loss of up to 378
60 parking places and an assessment district contribution of $565,000. See Page
He recognized that previous plans had been hung up on points such as these,378
and he asked people in the audience who represent the downtown area to
comment on these points,
Planning Commission Chairman Mary Gordon asked if there was any proposal
for uniform signing, or what was anticipated in that regard.
Mr. Rockrise responded that they would like to take down signs that say
parking this way or that way. In discussion with the Public Works Depart-
ment they were told that they could not change these signs because they are
State --adopted, and if you indicate where your parking lots are, the signs
have to be like chose existing at present. It depends on the merchants
whether they could take doten the signs. As far as street signs are con-
cerned, it is proposed to build the namee of the streets into concrete walls
and benches since they would like to remove visual clutter. They wound
like to use the quality of graphics used by the private sector.
Mrs. Gordon asked if they anticipated changing themerchants' signs. It
seens many of the signs would occur between the height of 9 to 13 feet.
Mr. Rockrise noted that the signs that occur on the fronts of buildings
along University are not in the consultant's purview, since the merchants
themselves have retained a design consultant. He said his company would
request more uniform signing and uniform height coordinated with the tree
height. He hoped that a coordinated effort would result in signs with
good visibility flat against the buildings.
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Responding to Mrs. Gordon regarding Alternate i2, Mr. Rockrise noted that
the sidewalks would be the same width except at the intersections --the
four plazas --at which point they would be widened to 20 to 30 feet, or 8
additional feet --about the width of a parking lane. At corners, the
18 foot width with a much larger radius would give the effect of a plaza,
or 4 extended corners at these key intersections. The trees are offset
into the parking space.
Responding further, Mr. Rockrise indicated that the project anticipated
removal of the present privets along University Avenue.
Councilmaa Clark asked if the proposed lighting were a good compromise
with the original premise of the whole project. Mr. Rockrise replied that
the output would be double what is presently provided.
In response to a question from Councilman Ferwald, Mr. Rockrise indicated
that the Circle is included in the plan, but Alma Street is not.
In response to a question from Councilwoman Pearson, Mr. Rockrise indicated
that their firm would be designing the street furniture, and if this phase
is approved; they would be coming back with detailed designs.
Also in respo, se to Councilwoman Pearson, Mr. Rockrise indicated that the
street light standard; would be painted and naintained under the $250,000
appropriation. There will be sole juggling going on to get then all to
fit.
Councilwoman Pearson asked staff whether or not the state could tell the
city what to do about the parking signs, and Mr. Fourcroy replied that
he did not know the answer a; to whether the state had preempted the city
as to size and shape of the signs that direct people to parking.
City Manager Sipel commented that there is a limitation and staff would
check further to determine whether the city has to conform. If it can be
avoided, staff will try to do so.
Councilman Henderson expressed curiosity about the equal loss of parking
in alternatives 11 and t2, when the stalls are 52 ft. in one and 44 ft.
in the other.
Mr. Rockrise said that he gave an approximation which covered both, but
there was a slight difference. He said he would look it up and give
Councilman Henderson the exact answer.
Councilwoman Seman commented that one of the policies that was adopted was
to minimize conflicts between pedestrians, cyclists, drivers and service
vehicles. She asked if the plans spoke to achieving that policy.
Mr. Rockrise responded that the plans do less than that which is tiplied
in the stated goal --namely, that the pedestrian is supreme. They i?avestie
gated the scramble system of pedestrian traffic, and they inserted a
median in plan #1 which would slow ,Town vehicular traffic. Those are
elements that would support that goal which they, after consultation with
departments of the city, reluctantly abandoned. The goal is now best
satisfied by the fact that thsy have gotten the trees out of the sidewalk.
There will be a 10 foot clear sidewalk, and the corners have been enlarged
so they are little plazas where pedestrians can sit comfortably to wait
for a bus, etc. Efforts will be made to organize some of the visual
garbage to make it more of a pedestrian precinct. They would like to think
the tree cover over the street will make people less frenetic when they
drive their cars and help to create a feeling of peace and serenity.
See Page
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i
Councilwoman Semen asked if Traffic Engineer Ted Noguchi had checked on
traffic and pedestrian problems in the plan, and Mr. Fourcroy responded
that Mr. Noguchi had reviewed the plan. She then inquired if the plan
would make the existing problems better or worse, and Mr. Fourcroy
responded that the median would create serious problems with traffic
circulation, but with one of the other alternatives there should be no
problem with traffic circulation in the area. He thought that the defined
crosswalks would be of some benefit.
Mr. Rockrise responded to Councilman Henderson's earlier question about
the loss of parking spaces and said that Alternate 11 would cause the loss
of 78 parking spaces, and Alternate #2 would cause the loss of 60 parking
spaces.
Mr. Jim McDermott, representing Downtown Palo Alto, Inc., stated that
Downtown Palo Alto, Inc. is fully supportive of Alternate Design 12. This
design helps to carry out the character of the town which is established
when you enter it fro any direction. It falls within the financial
parameters. It meets basic objectives and would make downtown a more
pleasant green place to be. The association polled its membership and
the executive board, and in each case the vote was unanimous for Alter-
native 12. He felt it was a modest step, but a step in the right direc-
tion. He thought it would help to solve traffic proble-s downtown because
people will want to get out and walk in the nicer surroundings. :?e felt
that the staff had done an excellent job, and consultants had changed the
plan around to something that fits rather restrictive para-eters. Alter-
nate Design 12 represents the first step in i:-prov;ng downtrA:rn and making
it conform to the rest of the community.
Scott Carey, chairman of the Beautification Committee, Downtown Palo Alto,
Inc., said that Mr. f'.cDereaots• had told Council about what many members
feel is a rather unique and unusual unanimous support for Design *2 by
the people who are going to pay the bill for this plan, and he thought
thi\t was significant. Alternate Design #2 is a departure from the other
proposals considered in the past in that it scales the downtown area to
the pedestrian and shopper and provides for signing and visibility at
street level. In addition, he felt that the plan as implemented would
encourage upgrading of private property in improvement of sidewalks and
other amenities. The existing trees on University Avenue are unanimously
disapproved of by the downtowners. The reason they support Alternate 12
instead of 111 is the existing traffic scheme on University Avenue seems to
work best over all previous attempts to change it. The implementation of
the median strip would drastically change current traffic flow. He said
that this virtually unanimous support by Downtown Palo Alto, Inc. for
Alternate Design 12 is in spite of the fact that they are losing 60 parking
places. He referred to the city staff's letter of April 27 regarding the
schedule of events to occur in the future. He indicated that if Council
proceeded tonight that one or two modifications might be in order regarding
scheduling the balance of the program. One, there was no provision for
the method of bonding or consultation between the bond counsel and downtown
members. He felt this was important because there ere many different nays
in • which this project can be bonded. Me suggested that perhaps improve-
ment of private sidewalks could be included in the bond. Two, the pre-
liminary design concept and final design plan may occur quite close
together. What was before Council tonight really amounted to a prelimin-
ary design, and he svggeated there might be some possibility of accelerating
the schedule.
Warren Thoits, 525 University Avenue, speaking on behalf of the property
owner members of Downtown Palo Alto, Inc., asked Council to act affirma-
tively and promptly on this project. He said that there are many past
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plans on the shelf, and tonight's plan is practical and reasonable in its
economic cost, and yet will have a dramatic effect. Palo Alto has a
valuable asset in downtown, and approval will help to restore and retain
this community aspect. It will encourage property owners to do some things
that badly need to be done. The property owners and businessmen will pay
the major part of this project, and he asked that they be given the chance.
Don Klages, 281 University, sa+.d he was speaking for the :merchants who
attended the meetings and were involved, In the past, the merchants as
a group had never been 100% :*hind a project; however, the ones who actively
participated do support Alternate 02. The loss of 60 parking spaces is
offset by the humanizing of downtown to a great degree. Some complete
blocks of property owners are willing to tie in with sidewalk improvement.
The merchants realize there will be additional benefits accrued by working
with the plan to achieve a better job.
Harvey Nixon, 430 Kipling, president of the Palo Alto Citizens' Associa-
tion, said he was not against the beautification and lighting plan as such,
but he had one objection. He had seen so many of these plans go to the
point of engineering anc, assessments being sent around, and then the plan
was killed. He said he objected strongly to the assessment being spread
to the downtown parking district only. It seemed all the plans showed the
downtown parking district. There are business properties facing on Lytton
and Hamilton that are outside of the parking district that will also benefit.
He said this plan might end up in the courts if the a-aes`r,ents are too
high,
Gerry Verssen, 550 Hamilton Avenge, said he was a member of the Palo Alto
Chamber of Commerce and Downtown Palo Alto, Inc., and he was speaking on
behalf of the Chamber of Cc u erce in support of Downtown Palo Alto, Inc.
and urged Council to proceed.
John Freirich, 177 Bryant Street, said he wanted to voice an opinien of
skepticism. He felt that the problem of University Avenue and beautifica-
tion of downtown is eat something that can be solved with $500,000-$t,000,000
to be spent on the main drag. He felt strongly that Palo Alto is one of
the most beautiful cities in which he had ever been, and in many ways
beautiful because of things that have grown up over many years and have
taken a long time to develop. His feeling of apprehension lies strongest
in the fact that this plan can be accomplished on the main street and still
have things like the era,aty lot at the corner of Bryant and University,
across froca Walgreen's, which he feels is the ugliest corner in town, and
some of the unimproved parking lots will still be there. Perhaps something
more comprehensive should be thought out.
City Manager Sipel responded to Mr. Carey's comment regarding legal counsel
and said that the city would intend to have the legal counsel explore with
people in downtown the assessment and possible inclusion of individual
sidewalk beautification. This Is not listed in the schedule, but it has
been the intention of staff to include it. Speaking to Mr. Nixon's com-
ment on the assessment district boundaries, those boundaries have not been
set as yet, and that would be part of the process with legal counsel. It
is not the intention at this point to have the assessment district co -
terminus with the existing parking district. Staff has to /make certain
first where the improvements are going to he located. The figures are not
yet firm on how much this would cost individual property owners. The
caution was that the figures are merely order of magnitude, and they use
some front footage costs and did not know whether this would be the basis
or some other basis. He asked Mr. Fourcroy to speak to the suggestion
regarding possible acceleration of the design schedule.
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4/30/73
Mr. Fourcroy agreed with the sentiment that it would be most desirable to
accelerate the program, but the time schedule had been pared down to what
ie really a bare minimum. To pare the schedule down any more would imperil
the project. He was not sure the consultants could produce a detailed plan
in less time. It would be more desirable from the consultant's and staff's
view to have a great deal of time for the project. He felt that a balance
had been struck with the schedule. The plan exhibited tonight is a concept-
ual plan, and the preliminary plan and its evolution through the commissions
into a final plan for Council will be more detailed and will take many
hours to achieve.
Planning Commission Chairman Mary Gordon commented that several of the
speakers had pointed out that the whole design is keyed to the pedestrian
and to getting people out of their cars and into the central area. As
she looked at the plan showing the parking layout, it appeared that by
far the greater majority of these parking areas are beyond the scope of
the project. She asked how the consultant envisioned the linkage from
the parking areas to the central core. If the idea is to entice those
who core downtown to park and then to want to come into the central area,
there should be some connection between these areas,
Me. Rockrise noted that access is basically from the cross streets. It
is -proposed to put trees of lesser dimension on cross streets and screen
the parking lots which are all open. In those instances where the interior
parking lots come out to the street, they would fortify the planning pattern
of the trees to have the effect of softening the parking lots that now exist.
Every side street would have planting, and the openings of the interior
parking lots out to the sidewalk line would have sore treatment.
Mrs. Gordon asked if it was the intention to remove existing street trees,
and Mr.. Rockrise responded that that would be decided on a tree -by -tree
basis, They would keep existing trees wherever possible.
Mrs. Gordon asked if use of "bomanite" is part of the proposal now, and
Mr. Rockrise replied that they are indicating bomanite at this point.
The longest period of time in which they had had experience with bomanite
is not longer than two or three years because it is a rather new process.
MOTION: Councilwoman Pearson moved, seconded by Clark, that Council approve
Alternate Design #2 and recommend that the Planning Commission and designer
work together en details and be sure that Alternate #2 is compatible.
Councilwoman Pearson stated that she agreed with the person who had con-
cern about areas that would not be treated. She thought it would be an
unhappy situation if the city went ahead and carried the project forward
and got something good, and those other areas in private ownership did not
pick up the ball and create something interesting and beautiful to comple-
ment the city's efforts. Through the years She had noted unique beauty
spots in downtown Palo Alto. It has now been decided what we want down-
town Palo Alto to look like. The architect questioned why Lytton Plaza
looked so bad. It has s history of being a major battle area of downtown
Palo Alto. She felt that era had passed, and she was distressed that Great
Western Savings could leave the block and then abandon it. Once all the
(recesses there have diminished, she thought that they should pick up the
ball and take care of the place or offer it to the city, and she would
like to see that happen. She found the plan for Alternate #2 exciting
and was willing to go ahead with it.
Councilman berwaid noted that some of the things that he would like to see
happen had been chronicled in two letters, one entitled "Future" and the
other entitled "Downtown." Regarding signs, he said he would like to see
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some agreement or some accommodation among the business people downtown
which might help Council. He hoped that the city and downtown interests
would work together on landscaping interior block parking. He was dis-
turbed to see downtown beautification discussed and approved about a
week after 12 buildings were severely defaced with vandalism. He said
the possibility of sculpture on the street had been mentioned, and he
would like to see that idea carried through. He also would like to see
consideration of installation of some potted plants, as shown in the
slides of European cities. He thanked the consultants and staff for one
of the finest presentations Council had had.
Planning Commissioner Cody spoke in appreciation of Mr. Rockrise's efforts.
The town has a retail center of gravity and plenty of parking, but there
is no focus so that they can be identified. That is an opportunity for
the city's general plan to establish, but it is outside the scope of this
project. There are some opportunities for other kinds of pedestrian
circulation in relationship to automobiles. He agreed that there are those
possibilities, but that they also should remain outside the scope of this
project and perhaps be included in the city's general plan. He thought
the consultants had made some simple and telling perceptions of the tree
quality in the town and where they had developed this perception along
the sidewalk edges into the grid and utilized an ingenious economic
feature, so that they were getting almost something for nothing in the
use of the widening edge of the sidewalk as a place to _•.ocate utilities
and tie it into a new pattern which can be extended further by the private
property owners. He felt the city was getting a great deal of bang for
Its buck in that idea alone. He thought it was a good, conservative plan
and urged support.
Councilman Beahrs agreed that this plan accommodates objections that had
been raised in the past. He asked City Manager Sipes to sketch out again,
briefly, the financial involvement of the city in this effort.
City Manager Sipel responded that generally the downtown group assessment
district would put up $585,000, with the remainder being paid by the city
in essentially two foams ---the electric fund would support the project to
the level of about $240,000 for the lighting, and the capital improvements
fund would support about $175,000. The $175,000 is in the capital improve-
ment fund, and the $240,000 is in the electric fund proposed for 1973-74.
Planning Commission Chairman Gordon emphasized that this represents a real
change in the focus of the downtown area. As the years go by, the really
important factors are going to be trees rather than signs and buildings.
As time goes along, this is the way it will be. She was pleased about it.
She felt it was important that the ongoing change in emphasis --upon greenery
rather than upon architectural features ---should be recognized at the outset.
She hoped the businesses would be sympathetic to the needs of the growing
trees and would remember that harsh pruning and rigidity, such as is often
associated with downtown, would ruin the concept.
The rotion passed or: a unanimous vote.
MOTION: Planning Corsaission Chairman Mary Gordon Moved, seconded by Rack,
that the Planning Commission -adjourn.
The motion passed on a unanimous vote.
(Planning Coum,issiGn members left the podium, and the regular sheeting
of the City Council was resumed.)
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;
Commendation to Rav L. Wilbur
a rman e ons Commission
MOTION: Mayor Comstock introduced the following resolution and moved,
seconded by Henderson, its adopticn:
RESOLUTION NO. 4755 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY
OF PALO ALTO COMMENDING THE CONSCIENTIOUS AND OUTSTANDING PUBLIC
SERVICE OF RAY L. WILBUR"
The resolution was adopted on a unanimous vote.
(Council recessed from 9:30 p.m. to 9:45 p.m.)
South Bay Dischargers Joint Powers Areement (CMR:661:3)
Councilman Henderson, who had conducted the meeting of the Finance and
Public Works Committee in the absence of Vice Mayor Norton, the chairman,
commented that the referral on this matter to the Finance and Public Works
Comittee served two u3eful purposes. One, the committee was brought up
to date on the proposed project and a number of aspects were clarified.
The specific action requested is for the Palo Alto partnership, which
includes Palo Alto, Mountain View, Los Altos, East Palo Alto, Stanford,
and Los Altos Xills, to execute the joint powers agreement establishing
the authority to construct and operate the joint pipeline from San Jose
to the discharge point north of the Dumbarton Bridge and for Palo Alto to
expend $ l0,000 from the sewer fund as its portion of the $100,000 needed
for initial design Rork, environmental impact reports, and other beginning
efforts. Approximately $6,500 of the $10,000 will be recovered from the
other Palo Alto partners. The other two members of the partnership, San
Jose and Sunnyvale, have already approved the agreement. Staff has made
clear that this action does not constitute approval of commitment of funds
for the overall project. Further Council approval will be required for
the project itself. Two, the referral permitted discussion of funding
possibilities for Palo Alto. The Finance and Public Works Committee made
it clear to staff that it preferred to fund the total project on a pay-as-
you-go basis through increased sewer use charges. Staff has indicated it
will recommend revised sewer rates effective July 1, 1973.
MOTION: Councilman Henderson moved, seconded by Norton, a) that, the Mayor
be authorized to execute the joint powers agreement establishing the
authority to construct and operate the joint pipeline between the City of
San .lose and discharge point north of Dumbarton Bridge; and b) that an
expenditure of $10,000 from the sewer fund be authorized.
Councilman Berwald commented that on the first page of the minutes the
figure $3,260,000 was given, and on page 3 it ranged from $1.1 zillion to
$!,4 million. He asked for an explanation of the difference.
Councilman Henderson etc; lained that $3,260,000 is the greater Palo Alto
share, assiming fi0Z funding from either state or federal agencies. Palo
Alto, as a city portion, is approximately $1,000,000.
Councilman Berwald asked the extent of the rate increase and how much is
related to this particular prole ct, and Councilman Henderson responded
that this had not been determined as yet, but in the committee it was
talked about in terms of going from $1.65 to $2.00, but this was not firm.
Assistant City Manager Warren Deverel stated that if the project were to
be divided equally among Palo Alto sewer customers and funded at 6Z over
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20 years, the average monthly increase would be $ .30. For 10 years it
would be $ .57. He said it is too early to tell exactly what the rate
structure would be, but the rate structure staff is developing will be
available in May.
The motion pessed on a unanimous vote.
Mayor Comstock stated that a Council representative to the Authority has
to be appointed, and he asked if any Council member was interested to
let him know.
Resolution Set ortin Assembly Bill S94 Re: Beverage Containers
■�s�av�r.3ra� nm�s�n—ani �� ..a.e.e..c,
MOTION: Counciiwosan Pearson introduced the following resolution and
moved, seconded by Henderson, its adoption:
RESOLUTION NO. 4756 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY
OF PALO ALTO SUPPORTING ASSEMBLY BILL NUMBER 594 OF TH? CALIFORNIA
LEGISLATURE FOR THE 1913--74 REGULAR SESSION AND ANY OTHER SIMILAR
LEGISLATION TION RELATING 10 BEVERAGE CONTAINERS"
Mayo: Constock cc=ented that from what he had been able to observe, simi-
lar legislation in the State of Oregon had had a positive effect.
The re'o1ut i or: was adopted on a unaninou€ vote.
Resolution Suo or� *n Senate Bill 331
"OTION: Mayor Comstock curved, seconded by Berwald, to continue considera-
tion of the resolution supporting Senate Frill 331 relating to the title
and possession of certain toll bridges to the next Council agenda.
The motion passed on a unanimous vote.
Ez.ergency Fmploy-ment Act of 1971: Supplemental Grant A reement (CMR:693:3)
MOTION: Councilworsaa Pearson moved, seconded by Norton, that Council
authorize executic,n of the proposed contract authorizing the City Manager
to continue the program sub -agent agreement with the County of Santa Clara
through June 30, 1974, and execution of the Grant Supplemental Agreements
included in Exhibits A and B.
The motion passes on a unanimous vote.
Contract for pru Program Evaluation (CMR:702:3)
Mayor Comstock referred to the various items of background information
wilic'71 had been received by Council. He asked Carla Vespe an0 Saul Wasserman,
representing the Drug Abuse Board, to be seated in the staff area.
Assistant City Manager Charles Walker reviewed his report and said that
a contract for evaluation had been prepared for Council's review and con-
sideration. He noted that evaluation is a concept which has been with us
from the beginning of the consideration of the Drug Abuse Task Force Report,
It is the last remaining outstanding component. The objective$ of the pro-
gram, as represented by this contract, are: 1) as represented by the process
341
4/30/73
evaluation, which is to improve the program content itself by providing
feedback to the providers of services at the various centers; 2) assess
what value the program has to the clients of the program; and 3) determine
what community impact the program would have. In the final area the present
contract represents a departure from that initially discussed at staff
level and approved by Council in the contract with PACDAB. The staff
found this departure necessary in order to make a concept of outside evalu-
ation acceptable to the staff at the prevention center. Another complica-
tion has arisen because staff has just learned that the application Council
approved for funding under the California Council on Criminal Justice has
been approved. This represents $58,000 that will be provided to the city
in June, 1974. There is a possibility that some of this money could be
used to reimburse that money already being spent by the city under this
contract, or it also could be used for a subsequent evaluation contract
that might begin in Sertember when this contract will expire. He suggested
that Council had sevei`1 alternatives --either to proceed as outlined in
the staff report and approve the present contract with the intent of pro-
viding some thorough review and evaluation of the value of this approach,
as well as using this evaluation to snake some basic decision, about the
drug program itself, or it could return the contract to staff with recom-
mendations as tt. how Council would like to see it improved or amended.
He noted that Dr. Allen Cohen from the institute of Drug Education ift
John F. Kennedy University vas present.
Saul Aa_ssernan co-.-ented th,.t a joint committee had spent many hours talking
about evaivat)on, about needs, and screening potential evaluators and then
going through the process of trying to define something that would meet
zverybody's needs with the small amount of r.oney available. He referred
tc the letter from Dr. Richard Blum and said that the oppos Lion t/ his
approndh is that his conceptualization is that of a researcher. His sug-
gestion would he a splendid research project, but the dilemma is to find
sozething workable in terms of the practical realities the program has to
work with. The opposition does not cor:e from staff primarily; it comes
through staff representing staff's awareness that the community people
involved in the program are suspicious of nosiness. The problem of trust
is a real one, and staff has to deal with it all the time. They are sensi-
tive to M Lhing that would damage that trust. He commented that getting
the Califon is Con ission on Criminal Justice grant approved would be
something like hasiaig the police chief of the community say that he trusts
you. Some people would think that is great, but some might think it is
negative. He was afraid that the grant would open up more conflict and
ultimately weaken their ability to come together on an evaluation which
people all feel they can support. The consequences of sending it back
to committee would be to create huge increased conflict. He recommended
following the consultant's advice and proceeding for six months and for
thirty thousand dollars. If it turns out that useful and valuable
information cannot be obtained in this kind of evaluation, it may not be
a viable program. He said the day-to-day function of the program seems
to indicate that is not the case.
Councilman Beahrs expressed his personal appreciation of the problem.
He thought that PACDAB had offered the worst public relations experienced
in this community in years. This puts Council in a difficult position in
putting out taxpayers' money on behalf of people who do not want to play
the game. A huge segment of the public thinks Council has created a
recruitment center for revolutionaries instead of a drug treatment center.
He felt it would be smart for PACDAB to sell its constituency on living
with their contract and being accommodating. He felt that there must be
some discussion of this, because the whole thing was on the line as far
as he was concerned.
3 4 2
4/30/73
Mr. Wasserman responded that his personal opinion is that the episode
at the Residential Treatment Center was a catastrophe. The dilemma
regarding the evaluation of the initial contract is caused by the fact
that in many ways the things they are doing have never been done before;
so when they wrote up the report and signed a contract, they did not
know what was going to happen or be feasible. They proceeded step by
step in the face of uncertainty. To evaluate the Residential Treatment
Center is something not too difficult, but to evaluate something like
the CPC has never been done, which is part of the reason the CCCJ was
willing to give money to do it. Probably PACUAB members overcommitted
themselves a little bit, because they did not know what kind of problems
they would be getting into further down the line.
Councilman Beahrs counted that po.asibly the Council got in for more
than it intended to also. He was thoroughly convinced of the competence
of the people who were willing to evaluate this activity, and surely
there is a need, but the public relations is woeful, and he hoped It
could be improved by deep delving into the operation.
Councilman Henderson asked staff if they knew any of the details on
standards set by the CCCJ grant and whether or not it would fit into
the proposed contract.
Mr. Walker responded that staff was not certain. They do knew that
the application itself include: the type of !angusge that exists in the
contract between PACDAB and the city relative to evaluation, which
specifies the gathering of inforr.ation fro71 official public records.
Whether or not this contract before Council can have such an approach
developed under its auspices that world veer these requirenents, he
did not know. He hoped that would be possible, but CCCJ had given him
an opposite opinic.l.
In response to a question from Councilman Henderson regarding the possi-
bility of receiving another grant from CCCJ for 1974-75, Mr. Walker
replied that the application that was submitted did provide some second -
year funding, but that was not being approved with the communication
now received. The application was based on a pilot -type program with
the results of the evaluation having benefit far beyond Palo Alto. To
be of value that evaluation would have to take place_ during the early
stages of the treatment and prevention programs themselves. The first
year is about complete, and that is when the application contemplated
interjection of the evaluation component.
Councilman Henderson asked Dr. Wasserman if he felt that the CCCJ grant
were something that the city should not be working with, period.
Dr. Wasserman replied that the grant is nice, but in his opinion it is
buying a whole new set of headaches. The program could be damaged signifi-
cantly by .saving it is a chance to get more money and winding up doing some --
thing that is not what was wanted and causing a situation where the tail
wags the dog. The evaluators maid influence the content of the program.
it might be better not to spend the money of the taxpayers of the United
States to go for a grant. His personal feeling was that if they will
pay for something the city does not have to pay for, that is great, but if
it caused a lot of changes to be made that were not what we were really
trying to do, he could foresee a difficult situation.
Councilwoman Pearson asked the consultant to comment about whether or not it
will be possible to evaluate the clients and how extensively.
3 4 3
4/30/73
Dr. Cohen stated that they are dealing with a group of clients who are
volunteers. Any evaluation or interview of these people who come in on
a volunteer basis must also proceed on a volunteer basis. They must give
their permission to be interviewed in the first place. The crux of the
matter of objective records comes down to whether the data needed will be
available. If generated, is i : valid? Will the clients of the program
be willing to answer questions about their participation? Will they give
accurate information? He said that he understands and has proposed designs
that would give total documentation of the lives of people, but in a situ-
ation like this, it is not realistic. Since you are dependent on the
volunteer information, you are asking for cooperation in responding. If
the clients were unwilling to answer any questions, the idea of going to
public records is impossible. If they are willing to tell you things
about their criminal history, health, welfare status, education, etc.,
they probably also would be willing to let you look at the public records.
The primary priority in data collection is making the data available. In
evaluating people who come to the drop -in center, you have to have a rela-
tionship where they will tell the counselors definite details about their
lives. If it were known that evaluators were going to search their police
files and other files, there would not be much chance of clients being
honest when interviewed. He felt that chances were good that counselors
could get as much valid data without having to go to reco-ds or files and
could probably get better data, because they would be trusted. Isere are
research techniques to find out if somebody is lying. At any ti e in the
future, the Council could decide that the initiation of some kind of record
search might be desirable. In that case, no data would be lost. by
September they will be able to tell what kind of cooperator they are
getting and the percentage of authentic responses. If at that time Council
feels that hard data is not hard enough, it could .mandate the next phase
of the evaluation to cover that. He felt that the proposed contract gave
them the flexibility needed to conduct a good evaluation.
Councilwoman Pearson stated that it seeped it would be premature tc
decide now that it is necessary to put in some rigid specifications and
rules to collect hard data on people whose confidence Is being cultivated.
The program has not been in effect long enough to know what kind of
evaluation system there should be. Through Dr. Cohen, Council would be
determining what kind of evaluation is needed. She said she would be
willing to go along with the contract as it stands, so that in September
Council will have something to work with. It should be remembered that
when you are dealing with people of any age who are involved with drugs,
they are going to be very emotional about it and distressed and certainly
not going to want to broadcast to the world their position. If the
program is successful in helping some people and getting them into the
area where they are once again productive human beings, the way to get
data would be to go to them or someone close to them, but if you start
delving into records and investigate their background, it would become an
almost impossible situation and conceivable that once that person was
stable, he could be pushed back into a twilight zone.
In response to a question from Councilman Rosenbaum, Mr. Walker outlined
Dr. Blum's background and said that it is correct that he is primarily
involved in research, but his practical experience is also quite exten-
sive. Dr. Wasserman indicated that he in no way intender; "*o belittle
Dr. Blum's work and experience. He said that Dr. Blum is exteemely wise
in the area and has a great deal of experience. Da. Blum recognizes the
dilemma of :he contract, which is why he recommended Council approve it
but do so cautiously.
Councilman Rosenbaum asked if the idea of objective data is something new,
or are evaluation programs in other areas conducted with efforts made to
get objective data.
3 4 4
4/30/73
Mr. Wacker responded that the primary reason staff feels that it was
able to receive a favorable response from CCCJ to its application was that
this is an area which has not received adequate attention. One of the
criticisms that CCCJ has made of programs funded in the past is that there
has been no adequate evaluation of the programs and inadequate attention
given to evaluation of what the money is purchasing for the community at
large. There is no example of an evaluation program that has sought and
succeeded in collecting the kind of objective data they are talking about.
City Manager Sipel commented that a number of weeks ago Council approved
another federal grant to essentially establish an evaluation program in
a number of other areas in the city -----organization. This is the kind of
program the city is attempting to move into.
Dr. Cohen commented that evaluation has been almost ignored in community
drug programs. Most of the few models that exist depend primarily on
self -reporting. One of the things the criminal justice community has
realized is that the number of arrests in a community is not an accurate
determinant of crime prevention programs in the city. The instruments
they have developed have been pretested in a residential therapeutic
community in San Francisco and have received funding for a similar project
by the CCCJ. They are fairly confident that it would be difficult to
get better data by doing anything else than tarring to the person.
Councilman Rosenbaum noted that aside from the question of objective
data, Professor Blum raised a number of other objections and asked if
any o,ze were prepared to cotnent on those.
Mr. Walker responded from staff's perspective that _' I first objection
relates to what has been discussed --the method by which the most objective
data rzi.3ht be obtainable. The second criticism is that the present or
proposed contract does not specify that the recordkeeping function would
be vested in the evaluators. It is his understanding that to some degree
this has been worked out between the staff and the evaluators, although
the contract itself does not specify that this would be a responsibility
of the evaluating agency. This would iuclude the development o.,' instruments
for getting information from the client: the retention cf information,
and how that information might be evaluated. The third concern relates
to the random assignment of clients to treatment and nontreatment or
to controlled diversity. This is a problem that would create particular
problems foe the staff members who would have to refuse admittance to
some clients in order to develop a control group or develop an alternative
method of treatment.. At the present time they are pursuing a single
method of treatment. Staff think& this concern, while legitimate, cannot
be directly addressed. The alternative which the present contract includes
would be to find as close a match to the client as possible for comparison
purposes. The next two concerns relate to the absence of n definition of
the program's objectives from PACDAB which staff also has not been successful
in getting PACDAB to state, and that would relate to its overall and
specific objectives. The next cod corn relates to a description of the
model which would involve the methodology it inteuds to use so that that
methodology itself can be evaluated. Both the development of objectives
for the program and the development of methodology of treatment could be
areas where the evaluating agency could assist: the program participant in
developing. The measurement of community impact is what has been discussed
where you rely on participation or upon objective data. An additional concern
not stated in Dr. Blues letter relates to CCCJ funding. Staff's concern
would be that that funding would be acceptable to PACDAB. It might not be,
because the evaluation conception would have to be amended or modified,
and there would be concern among the board and staff of PACDAB that partici-
pation in a program with somebody like CCCJ might have a negative connota-
tion to some of its prospective clients.
345
4/30/73
In response to a question from Councilman Berwald, Mr. Walker indicated
that the amount of money for the research contract was included in the
appropriation made by Council last July.
Councilman Berwald asked if there had been any attempt to contact the
County Drug Abuse Coordinating Commission and get their counsel on this
smatter.
Mr. Walker responded that the staff of the County Drug Abuse Coordi-
nating Commission had been involved from the beginning. The Commission
itself was involved in the review of the application for the additional
funding from CCCJ and provided input and reaction to the outline of the
evaluation concept as contemplated at that time. He indicated that
they have not seen the proposed contract.
Councilman Berwald comwented that it seemed it would be prudent for
Council, in view of the very serious objections taken by Dr. Blum and
{n view of the fact that it was the city who asked Dr. Blum to comment,
and in consideration of the concerns of the staff over the CCCJ funding,
and also in terms of the staff report which says that the contract is
a significant depa:tune from the concept of evaluation as contained in
the basic contract between the city and PACDAB, that this matter deserves
more study and evaluation. He was sure that some of the points made by
fir. Blum could be worked out. There has not been time to fully consider
D‘:. Blum's letter, He felt it would be prudent to review this with the
City Attorney, and analyze in more intimate surroundings of a committee
meeting the differences between PACDAB and the requirements of CCCJ
and Dr. Blum's cor.ients, and perhaps receive counsel of the County Drug
Abuse Commission which is interested in this type of coordination. He
felt it might be timely to tike an evaluation of PACDAB unilaterally,
and to attempt to make an evaluation of some of the other drug treat-
rent programs within the county. This would give a wider picture of
the program in the process, He said that the parts of Dr. Blum's
letter that hit home to him were the third paragraph on the first page,
in which he says, "The design as it now stands in the contract does
have deficiencies of the sort which will limit the researchers, and
which clay lead to results not clearly interpretable in tens of the
impact of the program on drug abuse in the city, or on problems cor-
related with that abuse." And in the final paragraph where he says
that his remarks are "meant to suggest that if one states one is going
to do either drug treatment or its evaluation, one should do it in a
fashion amenable to interpretation by rational standards..." Councilman
Berwald further stated that he found the attitude of Dr. Wasserman
rather flip and sarcastic and closely related to nonprofessionalism.
He felt that this was a serious matter which did not lend itself to
that kind of behavior. Since Dr. Wasserman mentioned the tail wagging
the dog, it seems the city has been tremendously cooperative with PACDAB
jand has tried to proceed on the basis of trust which is mutual, and the
kinds of comments that have been made, together with the comment made
by Dr. Blum en page 3 relating to the vagueness of the document does
pose hazards froze the standpoint of all concerned. The comments made
tonight by Dr. Wasserman, particularly the comment of people being
distrustful of the government, gives further evidence to the points
raised about the lack of confidence and trust in PACDAB. He felt that
the contract should be sent back to committee to discuss and to come
up with something acceptable to PACDAB and Council, JCCJ, and the County See Page
Drug Coordinating Commission and which would fit more the terms of pro- 379
fessionjl research. When research is done by a professional person
with a professional background, they must have the same information that
the PACDAB staff has. He would object to giving this information to
someone who is a nonprofessional, but when the study is made by profes-
sional people, their access to information must be about the aame as those
3 4 6
4130/73
1
people who ale members of the staff of P
fessionals. He felt that there had bee
would be imprudent to approve the cont
Mr. Walker thought it was appropriate
were sought at this time. In this p
the development for the overall pro
which must be made before agreemen
faced here. It took three or fou
contract. The intent in asking D
on the staff in not having someo
submitted his opinions in respo
obligated to provide them to C
to what the contract does and
Councilwoman Seman asked if
tacts the client has pith th
perceptions the community h
staff is working in the CP
to evaluate just the init
Councilwoman Seman said
had only been open for
have gone through. Th
into PACDAB's concern
In other words, woul
has tried to help th
basic concern in no
Carla Vespe respo
the whole differe
evaluators relat
to the program.
Councilwoman an s
to these kind
ACDAB, some of whom are not pro -
n enough questions raised that it
ract at this time.
to state why Dr. Blum's comments
rocess as well as the process with
gram, there are certain compromises
t is reached. That situation was
months to reach agreement on the
r. Blum's.opinion was to cover deficiencies
ne with this type of capability. He
nse to that request, and staff felt
ouncil so Council would be informed as
does not call for.
this contract is to evaluate the first con-
e center in addition to evaluating the
as of the drug abuse program and how the
C, and Carla Vespe responded that it is not
ial contact but the follow-through as well.
she meant by initial contact that the center
seven months. It is basically the people who
is is a human service program, and what she read
was what the impact of this would be on the _lient.
pursuing evaluation damage the client that PACDAB
rough the program. She asked if that were the
t going into security information sources.
.ded that the way the information is elicited could make
nce to the person's relationship to the program. How the
e to the clients will make a difference in how they relate
eman wondered if the CCCJ approved a program that would go
s of sources if it would damage the client.
Mr. Walker said staff's understanding is that they would not only be
developing information about entry into the system, but would be develop-
ing information on what the person's history is. To determine what difference
the program has on the individual so you can determine what impact the
program has on the community, you have to follow through to see what
his progress continues to be in these areas. Staff's understanding is
that this information can be gained and still maintain the confidentiality
of the client. One of the ways this is done is to provide public agencies
with r.anes of people who are and are not in the program just to get
information without saying who the clients are. There must be steps
taken to protect the anony d ty of people in the program. If evaluation
could not be done.without harming the person, you would have to do
without evaluatinn.
D
r. Wasserman said that he ceuid not speak from the point of view of
the CCCJ. He felt they would probably have mixed feelings about the
contract, and he really didn't know whether they would accept this
evaluation contract or no,:. He thought it was unlikely that PACDAB
would accept the original intent. Speaking to Councilman Berwald's
criticism of his earlier remarks, he said that no offense was intended
and that he took the process of justice and democratic government very
seriously.
3 4 7
4/30/73
Councilwoman Seman noted that the two wain points of disagreement in
Dr. Bium's letter seemed to be the question of getting outside informa-
tion sources and his statement that the program has no goals which are
stated in testable terms. She asked the representatives of PACDAB to
respond to those points.
Carla Vespe thought that everyone agreed that the program goals are to
provide a service to the community which has not been provided until
new.
Dr. Wasseemmn said that they are asking for clients to determine their
awn goals and for, the evaluator to evaluate how clients are able to
achieve those goals, The program is extremely consumer oriented rather
than being administratively or governmentally oriented. That approach
is designed toward dealing with people who may have a limited faith in
their own ability to get what they want in life and makes the program
oriented toward the consumer rather than toward the Council. He said
they have no objections to the evaluator talking to anybody in the
cam.-inity about the program. He did not understand Dr. Slum's concern
about the measuremeat of community impact. He felt that Council was
going to get $200,000 worth of community impact. Beyond that it
becomes hard to qualify which community you are talking about. People
who use the services of the drug center seeps to find them of value.
Council::o:-.an Se7an cc~ .tinted that what she likes about the proposed
contract is it will evaluate the collective PACDAB staff structure
as it functions in the program and the interrelationships between the
city, PACDAB, the staff, and the expectations concerning the program.
These were things which were very important to her in terms of this
program which is unique in the country. She was less concerned with
the evaluation of the clients, since a six-month period is not any
kind of length of time to evaluate the impact of the program on the
client. It sewed to her it would be worthwhile to proceed with this
as a first step to evaluating the evaluation procedure and then move
on, She felt Council should approve the contract and then evaluate
carefully.
Councilman Clark said he must confess he was a little taken back at
first, since he was used to having firmer data to make a research
decision. He could see why it had been necessary for PACDAB and the
staff to feel they had to loosen a bit the requirements for the evalua-
tion study. He felt that the city had launched into something as a
gamble which is still a gale and that this step is essential, He
felt optimistic that relatively firm information would come out without
statistical evidence, He hoped in September the report would be of
a nature and produce information that would allow Council to go back
to CCCJ and get them to be viii{.ng to get additional funds down the
line. He hoped Council would approve the contract at this time.
Councilwoman Pearson stated the felt more strongly than ever that it
would be rrdic.uleea to run around to the various agencies and find
out how a person was coring along. . It would jeopardize the whole
thing that PACDA$ was trying to do for that person. She said she
wanted to go on with the program and find out how it is going to work.
She thought Council must approve t:tis contract and evaluate at the -
end of the six months.
MOTION: Councilwoman Pearson moved, seconded by Clank, to approve
the contract between the City of Palo Alto, PACDAB, and J. F. Kennedy
Universf.ty for evaluation services ---Palo Alto Community Drug Abuse Pvogran--
ano authorize the Mayor to execute it on behalf of the Council with the
3 4 S
4/30/T3
stipulation that Council will review the method of the evaluation at the
end of the six-month period.
1
Councilman Beahrs asked a question regarding the term of the basic con-
tract with PACDAB for the program and the provisions for continuation, and
Mr. Walker responded that the basic contract was from July 1, 1972, to
June 30, 1974. During the first year of the contract which will
terminate this coming June 30, the contract can be cancelled only upon
breach. During the second year, beginning July 1, the contract can be
terminated by giving notice and providing for a 60 -day phaseout period.
Councilman Beahrs said, for example, if Council is not satisfied on
September 15 with the cooperation and results of the study evade to that
date, it would be privileged to give notice of cancellation.
Councilman Rosenbaum stated that he disagreed with the motion and
that it was obvious that everyone was faced with quite a dilemma.
Staff has faced Council with a contract and at the same time with
a letter from a consultant which casts serious doubt on the adequacy
of the proposal. It /eaves Council in an awkward position. Staff
is saying they have gone as far as they can go in attempting to do
what they think could be a valid evaluation. If Council is not
happy, the rest is up to them. He felt it would be a mistake to accept
the contract in its prese.!t fort with the reservations that had been
expressed. Co --tinting about the programs in general, he said that he
was personally impressed with the staff's dedication and interest
in their .iient s. The city is getting its money's wort;: in terms of
the effort that the staff is expending. He felt it ,-as this passionate
devotion to the client that vas partly responsible for ghat happened
last Monday night. He thought at some point there had to be willing-
ness to accept a relatively independent evaluation of the program.
The real question is to attempt to intervene in a pattern of drug
abuse, Council has to know !.f the program is changing people's behavior.
It has to know the evaluation contract it agrees to is going to do
this. Also, the question of the CCCJ grant has to be worked into it.
}le said he would not support the present notion, and if it failed,
he would suggest referral back to staff.
Couticiitran Henderson pointed out one itest, in Dr. Alum's letter.
Cout:c t loran Be rwa ld read from it and stopped one sentence too soon.
"In the r.resent circumstances and lacking insight into the complexi-
ties, 1 am sure it is well to proceed with the study as it now stands."
Councilman Henderson said that he came into the meeting feeling strong
doubts about the proposed contract, but listening to Dr. Wasserman and
Dr. Cohen, he had been convinced Council should approve the contract.
Council may end up dissatisfied with the evaluaton, but he was willing
to see. The tits should seek to apply the CCCJ grant to the contract
if possible. He also referred to the section that Councilwoman Sean
brought out --subsection B--? having to do with internal operation of
the programand looking at tie relationships between staff, PACDAB,
and the staff structures themselves. He felt this was important, not
because he had any specific criticisms of the drug staff or PACDAB,
but he felt it was most important to take an objective look at the
internal operations of the program, especially in light of the criti-
cisms Council is hearing tonight. He said he would support the
original motion.
Vice Mayor Norton said he was not clear on what obligation, if any,
the Council had to fund the continuing program for the year 1973-74.
349
A/30/73-
He understood the cancellation provision but asked if there were a
locked -in obligation for funding that second year.
Mr. Walker replied that Council has the option of cancelling the con-
tract at the conclusion of the present fiscal year. The only funding
whieh would have to be provided for the next fiscal year would be for
the 60 -day phaseout period. The contract before Council tonight
would terminate upon termination of the contract with PACDAS if that
should occur before September 15.
Vice Mayor Norton asked about the $58,000 from CCCJ. What are the
options available? How can the city use that money rather than
reject it?
City Manager Sipel responded that the simplistic way of proceeding
would be to ask staff to determine what portion of the contract might
be funded utilizing the CCCJ funds and get that information before
approving the contract. Then before voting Council would know whether
or not the CCCJ funds could be used. Then it coald be determined how
the remaining funds could be used after September, The other option
would be to start over and look at an evaluation that was originally
contemplated in the CCCJ application utilizing those fonds. Staff
'as not suggesting that, however.
Vice Mayor Norton asked if it were plausible that this contract as
written could be funded wholly with some of the 558,C00 without
necessarily having to rewrl.te the agreement.
City Manager Sigel responded that in the context that Vice Mayor
Norton stated it, it was possible.
Vice Mayor Norton inquired if it would jeopardize the city's ability
to get that money if Council approved this expenditure of city funds
and then hoped to get governmental authorities to let the city
reimburse itself with the grant money.
City Manager Sipel replied that his guess was that the city would not
Jeopardize those tunds and that the money that the Council committed
this evening would be reimbursable, at least in part.
Vice Mayor Norton asked how long. it would take to find oat whether
this contract could be funded with those funds without changing the
contract.
City Manager Sipel estimated that the information could be brought
back to Council by May 14.
Vice Mayor Norton felt that it was worth a two week wait to assure
use of that money, and he did not bense any need to change the con-
tract thus far.
Dr. Wasserman expressed the opinion that if the city asks CCCJ if
they would approve the revised evaluation proposal, his hunch was
that it would take quite a while before an answer was received. 1e
encouraged Council to remember that to take this. position would be
considered extremely ominous, because Council would be starting to
tailor the program to what it thought CCCJ would want. Sixty thousand
dollars spent on something which is not what the city wants is not
a bargain compared to thirty thousand dollars spent on sogething that
is honestly needed to meet a community need.
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4/30/73
Vice Mayor Norton thought that Dr. Wasserman misunderstood, and said
that he was assuming in h.s position that this contract is the con-
tract than is being talked about, and that it would be administered
precisely as it would be with city money. He was not suggesting a
change in the contract, and he did not see it as a threat in that
context.
Councilwoman Pearson stated that it seemed to her it would he appro-
priate to pass her motion and afterwards pass another motion to direct
staff to get as much money as it can.
SUBSTITUTE MOTION: Councilman Rosenbaum moved, duly seconded, that
the question of the impact of the CCCJ grant on the proposed contract
be referred to staff.
Councilman Clark said that he had gathered tonight that PACDAB is not
going to be able to agree to an evaluation that is stricter than the
one proposed. If the funds cannot he used from CCCJ, the city prob-
ably would go ahead with this preliminary short-term evaluation. He
did not see what would be gained by holding up what is in progress
by finding this out. He felt that Dr. Cohen could go to CCCJ and
plead the case, and the funds could be substituted. He said he would
like to go ahead with it right now.
The substitute motion failed on the following vote:
Ayes: Beahrs, Berwald, Norton, Rose€, .aur
Noes: Clark, Comstock, Henderson, Pearson, Sezar,
The motion to approve the contract passed on the following vote:
Ayes: Clark, Comstock, Henderson, Pearson, Sean
Noes: Beahrs, Berwald, Norton, Rosenbaum
MOTION: Mayor Comstock moved., seconded by Henderson, that staff be
directed to work with PACDAB, the California Commission on Criminal
Justice, and the County Drug Abuse Coordinating Committee to obtain
a maximum possible share of grant funds for application to this con-
tract.
The motion passed on a unanimous vote.
Monroe Park Sewer Assessments
MOTION: Mayor Comstock moved, seconded by Pearson, that the report
be filed.
The motion passed on a unanimous vote.
(The matter was subsequently reconsidered and continued to
May 14, 1973. See Page 352)
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4/30/73
Letter from Santa Clara Count Board of
u ery sore: ontro o ran eve o went
n an ran ery ce rea an ro}osed�" "
n ments o e ns on n� r nun (CMR:701:3)
% r.
MOTION: Mayor Comstock moved, seconded by Berwald, that the report
be referred to the Planning Commission for review and discussion and
returned to Council,
The motion passed on a unanimous vote.
Olt Police/Fire Building (CMR:686:3)
Mayor Comstock noted that a number of reports had been sent to Council
on this subject. The submittal of the original proposals has raissd
questions in the minds of staff which staff feels it necessary for
Council to answer. The objective is not for the City Council to
cake a decision this evening on any of the proposals. Council is
trying to decide which of aeveza1 questions will be answered a certain
way, particularly relating to the building itself, rezoning to a
different zone and consideration of setting aside certain mounts of
floor space for public use. He noted that Council did not wish to
entertain any comments on the proposals themselves.
City Manager Sipel stated that the most significant policy related
to potential public use of the building. There has been much dis-
cussion on that subject at the com=ttee level.- It is too difficult
to evaluate the number of proposals which have been received until
staff can get a decision on whether or not there is going to be public
use and what types of use this might contemplate, as well as the
mount of square footage. There has been no definitive study done
by staff regarding potential public use. He suggested that if Council
wished to make some provision for public use but not be too tied down,
it might want to indicate to staff some desire to retain a certain
portion of the entire area. He did not know that rezoning was a major
issue. He said Council had indicated a desire to accomplish rezoning
from P -F to C-2, which should be initiated this evening. At the com-
mittee level, the concept was discussed of extending Cogswell Plaza
around to the facility. Staff feels that this should not be considered
at this time because it would eliminate 15 or 16 parking spaces, which
may need to be utilized for the traffic generated by the redevelopment
of the facility. Perhaps that could be done in conjunction with re-
design of the exterior of the building. Following disposition of
these items, he suggested Council authorize the staff to negotiate
firm proposals with the four groups that have indi gated an interest
in the project. Finally, Council shonld find this evening that there
is no environmental impact. (See next page)
Reconsideration of Monroe Park Sewer Assessments
Mayor Comstock interrupted consideration of the old police/fire building
and noted that he had overlooked the fact that a petition had been
received from residents regarding the Monroe Park sewer assessment.
MOTION: Mayor Comstock moved, seconded by Berwald, that Council
reconsider Item 18 regarding the Monroe Park sewer assessments.
The motion to reconsider passed on a unanimous vote,
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4/30/73
1
Mr. Deverel stated that four residents of Monroe Park had submitted
a petition to the City Council this morning. They took issue with
the facts of the staff report and requested that the matter be recon-
sidered. He suggested that the matter be put over, and the petition-
ing residents be advised that the petition would be before Council
at another meeting.
MOTION: Mayor Comstock moved, seconded by Berwaid, that consideration
of Monroe Park Sewer Assessments be continued to the next meeting.
The motion to continue passed on a unanimous vote.
Old Policet�Fire t ldin (continued)
s�er+w.r.��naw �
Consideration of the matter of the old police fire building was
resumed.
MOTION: Mayor Comstock moved, seconded by Pearson, that the City
Council direct the Planning Commission to initiate rezoning of the
facility to --2.
The motion passed on a unanimous vote.
Mayor Co :stock commented that staff did not favor extending Cogswell
Plaza through the parking area, but that he felt differently.
Councilwoman Pearson agreed and said that Co tie the park in would
be making it bigger, as it was originally. She felt if it were tied
into the building it would be a tren;er,dous asset, and the city would
be losing only a few parking spaces.
MOTION: Councilwoman Pearson moved, seconded by }Henderson, that the
park be part of the building.
Councilman Clark asked if Council could whittle away parking spaces
from the parking district without hearings. He noted that Council
action eliminated 60 parking spaces from downtown earlier this even-
ing and now they are talking about losing another 15.
City Manager Sipes replied that it could be a problem and staff would
have to research the history o ' that particular section, and he did
not know whether it was part of the district, but he thought that it
was, at lease, some of the spaces.
Mayor Comstock stated that if it is part of the district, procedural
steps would have to be taken.
City Manager Sipel said that he would like to research It before
exploring all of these possibilities, and that it might not be an
issue.
Councilman Clark said he did not have enough information at this
point to know whether the loss of 15 parking spaces was warranted on
!ha basis of what the city would get for it. He said that he: does
want to f;et the information, but he hoped that the staff could pro-
ceed with fairly firm negotiations with the proponent.
City Manager Sipel commented that the matter may not relate to the
potential contractor. One of them may wish to utilize that area for
their operation. If not, it may well be better for the city to make
3 5 3
4/30/73
any improvements in conjunction with the building project. The
issue does not have to relate to a proposed agreement with one of
these contractors.
Councilman Berwald agreed with Councilman Clark. He felt that the
matter should be referred to staff and have them come back with pro-
posals and give Council a picture of how it is going to go. It is
premature to ask Council to vote tonight about the parking spaces.
There may be other ways to make some changes.
Mayor Comstock asked the staff if there were a way that they could
move on before this is settled.
City Manager Sipel responded that his preference would be to see if
they could move ahead on all of the other matters and leave this one
for the next meeting.
AMENDMENT: Councilwoman Pearson amended the motion, with the agree-
ment of the second, to direct staff to report to Council at the next
mee..ing on the implications of extending Cogswell Park to the old
police/fire station.
Vice Mayor Norton asked how deep into the block was being considered,
and Councilman Rosenbaum asked i2 they were speaking of extending
Cogswell Park as green space or allowing one of the contractors to
use it as a facility.
Mayor Comstock replied that he was talking about extending the park
1tp3lf, and Councilwoman Pearson said that she wanted to make sure
that in staff's research they did not forget that she was around
when Cogswell Plaza shrank and disappeared into parking spaces.
William Lacey said that one of the proposals that Council undoubtedly
would be considering was his, and hia proposal envisioned using the
parking area under dis..ussion. He felt that architecturally it was
important to integrate the building with the plaza and to separate it
with a parking strip does neither the building nor the plaza any good.
His objective could be accomplished either by extending the plaza to
the building or bringing the building to the plaza. He said he would
propose to answer the problem about losing parking spaces by prepay-
ing the lease rent for that portion of ground for some years, which
would give sufficient funds to acquire parking spaces elsewhere.
Vice Mayor Norton commented that he hoped staff would include in its
study any legal implications or other planning implications in the
loss of access off Ramona.
The amendment passed on a unanimous vote.
The motion_ as amended passed on unanimous vote.
Councilman Rosenbaum stated that he had sent a memo that he felt this
building had some ideal space for a senior citizens' drop -in center.
There is currently a study under way on the perceived needs of senior
citizens. It could be that his interest in that facility is not shared
by those who want to make use of it, but he would like at this time to
be able to reserve 1200 sq. ft. He had specified the first floor be-
cause fcr his use that is essential. He does not care where on the
first floor. He understood that from the rental standpoint, commercial
space on the first floor rents for leas than office space on the second
floor.
See Page
379
3 S 4
4/30/73
MOTION: Councilman Rosenbaum moved, seconded by Seman, that the
lease agreement contain a provision giving the city an option to sub-
lease 1200 sq. ft. of space on the first floor of the building.
Councilwoman Seman commented that she had talked to senior citizens
about this, and she agreed that space should be reserved because she
wanted part of the building to have a public use, but she had reser-
vations about designating that it should be a senior citizens' center.
She did not want to tie it to anything.
AMENDMENT: Councilwoman Pearson moved, seconded by Norton, to delete
the words "on the first floor."
Councilman Rosenbaum said that he had indicated that he did not want
to definitely state the use. He wanted to reserve 1200 sq. ft. but,
clearly, if it is to be used by senior citizens it has to be on the
first floor.
Councilman Bet•iald stated that he respectfully disagreed with both
the motion and the amendment. There should be some community service
use someplace in the building. As far as senior citizens are con-
cerned, the city has acquired the Squire House, and it seemed to him
that Council should leave the widest possible latitude for private
entrepreneurs to come and give Council imaginative proposals. He
said he was certainly impressed with the staff report and analysis.
Most of the community services in toYrn can be accommodated elsewhere.
Perhaps some of the proposals under consideration do have some space
to tie it down to 1200 sq. f t . or the first floor would be inapp repri-
ate.
Leo,, Frzybyl, 2101 Middlefield, chairman of the Palo Alto Veterans'
Council, stated that the Veterans' Council had been leasing for many
years an old structure next to the SP depot. Some suggestions have
been made that they should move As he travels and sees other facil-
ities, he is ashamed of the structure that Palo Alto has as a veterans'
building as opposed to the fine veterans' memorial buildings he sees
elsewhere. Palo Alto can afford something better. The Veterans'
Council is interested in the old police/fire building. If Council
starts chopping it up into pieces, it might not be appropriate for
the veterans group.
Richard Nieto, 951 Dennis, said that he is one of the interested
developers. He indicated that a portion of the building could be
used for community use under his proposal. He felt it would be con-
venient to say that he could offer 10% for 1500 sq. ft. for whatever
community uses the community would desire.
City Manager Sipe/ said that it could be handled by stating a mini-
mum in the proposal if x'omeone wanted to put some additional in that
is part of the evaluation that the city will undergo.
Marie Kelly, 2370 Amherst Street, speaking from her seat in the audi-
ence, asked if it had been a policy decision that the building was to
be used for commercial purposes, When Mayor Comstock responded affir-
matively, Mrs. Kelly said that in that case she would just give Council
.3 letter because she very much opposed the use of a publicly owned
building for commercial purposes.
Tom Dimiran, 999 Commercial Street, suggested that a particular
portion of the building be set out for community use and that tie..
5 5
4/30/73
specific area be established so that it could be considered in the
proposals and they could be prepared on the basis of the rest of the
use.
Esther Bass, 1673 Woodland, representing Our Health Center, spoke of
the activities of Our Health Center and of its need for space and
suggested they would like space in the old police/fire building.
Janice Feldman, 2712 Cowper Street, also representing Our Health
Center, said that the Health Center would like to be considered for
space that might be available in the building for public use. She
said the health center is serving a function within the community
now which Council is thinking of appropriating more money for.
Hedva Lewitief, 816 Cowper Street, #2, representing the Women's
Coalition and Stanford Women's Center, spoke on behalf of !sing the
building as a women's center.
Councilman Clark asked about the possibility of there being an ele-
vator in the building, and City Manager Sipel responded that that
was doubtful.
The amendment passed on the following vote:
Ayes: Bea! rs, Clark, Comstock, Henderson, Norton, Pearson
Noes: Berwald, Rosenbaum, SPman
he motion as anended passed on the following vote:
Ayes: Beahrs, Comstock, Henderson, Pearson, Rosenbau;., Seman
Noes: Berwa1d, Clark, Norton
MOTION! Mayor Comstock moved, seconded by Henderson, tha'; staff be
authorized to negotiate firm proposals with eech of the four prospec-
tive lessees.
The motion passed on a unanimous vote.
MOTION: Mayor Comstock moved, seconded by Norton, that Council finds
this project will have a.o significant environmental impact.
The motion passed on a unanimous vote.
A member of the audience asked if Council had any direction as to
criteria for public use proposals. Would that be up to staff?
City Manager Sipel responded that staff would utilize the same types
of criteria that had been talked about in earlier meetings consisting
of such things as experien:e of the individual or group in doing their
particular kind of work, financial capabilities, terms of years, options,
monetary returns to the city, contemplated uses, character and quality
of tenants, nature, character and qual * , -uf improvements. Those are
the general things that staff would try is apply.
Nature Trails Along San Francis4uito Cxeek ek
.
MOT ION : Councilwoman Pearson moved, seconded by Henderson, that the
Planning Commission review the status of the implementation of the
3 5 6
4/30/73
Council policy regarding the trails and pathways system, and that
staff furnish a status report to the Planning Commission for that
purpoae and that the Planning Commission hold at least one public
hearing regarding the trails and pathways system.
In response to a question from Vice Mayor Norton, Councilwoman Pearson
indicated that it was her intention that San Francisquito Creek would
be included,
Planning Commission Chairman Mary Cordon stated that this was an
appropriate time for the Planning Commission to take a look at the
overall planning policies ead goals. This would be a good move for-
ward, particularly in the light of their recommendation to the PPC
that Palo Alto move into a countywide study of paths and trails.
In response to a question from Councilman berwald, City Manager Sipel
stated that staff would plan to provide a status report of where Palo
Alto stands at this particular time, and at a future date, as there
will be planning implications the Planning n,,mmission will be involved
in.
Councilman 3erwald askes' if this would also be coordinated with the
referral on the creekside ordinance.
City Manager Sipel said that he was not sure the two were necessarily
related.
The notion passed on a unani.r ous vote.
Ea r eni° �Jrdinsr:n Sus en�1i! 0-,eratt n
o�ecti.on 1 . of the,�. IC an� .�.
Ec aL an Emergency
MOTION: Mayor Comstock moved, seconded by Pearson, to consider Agenda
item #14, emergency ordinance, out of order.
The motion passed en a unanimous vote.
MOTION; Councilman Clark introduced the following ordinance and
moved, seconded by Eertald, its adoption,
ORDINAL NO. 2718 ENTITLED "ORDINANCE OF THE COUNCIL OF THE
CITY OF PALO ALTO SUSPENDING OPERATION OF SECTION 16.48.020 OF
THE PALO ALTO MUNICIPAL COD AND DECLARING AN EMERGENCY"
The ordinance was adopted on a unanimous vote.
Proclamation Namin the Month of Ma as
n or tt-zen onto
MOTION: Mayor Comstock moved, seconded by Henderson, to consider
agenda item #13, Senior Citizen Month, out of order.
The motion passed on a unanimous vote.
MOTION: Councilwoman Sean moved, seconded by Comstock, that the
Mayor issue a proclamation naming the month of May as Senior Citizen
Month.
The motion passed on a unanimous vote.
3 S 7
4/30/73
Presentation by Mr. Peter Sly on Dumbarton Bridge
-rs
At the request of Mayor Comstock, Mr. Peter S1y, a teaching associate
at the University of California, Berkeley, gave a slide presentation
regarding the Dumbarton Bridge and the impact on the environment of
replacing the existing bridge with a new bridge. After the slide pre-
sentation he pointed out that the MTC had released its first draft of
the Regional Transportation Plan, and a new Dumbarton Bridge was the
number one priority to be built ender the MTC plan.
Councilwoman Seman asked if Mr. Sly's class had suggested an answer
as to what kind of development a new bridge would bring to East Palo
Alto.
Mr. Sly responded that the class discovered that the bridge project
would not assist in solving the economic problems of East Palo Alto.
It would not help in providing the kind of job bese and tax base that
East Palo Alto desires.
Councilman Berwa1d said that when Council members talked to the East
Palo Alto Municipal Council there was quite a reaction to the bridge
in terms of economic satisfaction. Mr. Sly agreed that some members
of the East Palo Alto Council still feel that a new bridge will help
the community.
Councilwoman Pearson asked if he were saying that the MTC had already
reached the conclusion that the ntw Fu7.barton Bridge should be built,
and Mr. Sly responded that the MTC had issued its first draft. Changes
could occur by June 30, best it is unlikely. Their basis for making
Dumbarton Bridge a first priority was that it has been authorized by
the legislature, and the MTC does not have veto authority. He said
there is an ongoing staff study of the Dubarton Bridge, particularly
in connection with SB 331 which would divert toll bridge revenue to
mass transit.
Councilwoman Pearson asked if anything was happening in the legisla-
ture about the Dumbarton Bridge, and Mr. S1y responded ghat SB 331
(toll bridge bill) may have something to do with the Dumbarton Bridge.
The Bay Toll Crossings clear $20,000,000 per year on the Eay Bridge,
San Mateo Bridge and the Dumbarton Bridge. That grey is now going
to pay off the BART tubes, but that will be paid off by 1975. The
question is what happens to that $20,000,000 per year after 1975.
Some people on the MTC would like to be able to use it for unrestricted
transportation grant money.
MOTION: Mayor Comstock moved, seconded by Pearson, that this subject
be referred to the Planning Commission for review and comment in con-
junction with the first draft of the MTC report on the bridge, and
that Council encourage the Planning Commission to listen to the East
Palo Alto community and their position on the bridge.
The motion passed on a unaniaous vote.
at
uest for Staff Re ort on Traffic Control
nco ton ntersect on
MOTION: Councilwoman Seman loved, seconded by Pearson, that staff
report to Council on the matter of making the Lincoln -Hamilton inter-
section a four-way stop; putting up a stop sign on Hamilton midway
between Center and Newell end installing a pedestrian crosswalk on
University Avenue from East Crescent Drive to Crescent Drive.
3 5 8
4(30/73
City Manager Sipel asked if there were any feeling as to timing
priority and said that he had received one communication on a portion
of the assignment, and that letter was referred to the Traffic Engineer.
He indicated that staff would be in contact with the University &
Crescent Park Association but that the matter did not have a high
priority.
Councilwoman Setae asked when he felt would be a good time to report
back, and City Manager Sipel said 90-120 days.
Councilman Berwald asked if this motion helps staff any or would it
answer the question anyway.
City Manager Sipel said that one portion of the motion came formally
in the form of a letter and the other two parts came to staff in a
newsletter to which Councilwoman Sernan had referred. Staff was aware
of all three conditions and would plan, to wake apprcpriate studies
and advise the people in the area.
Councilman Berwald commented that in view of the heavy staff burden
at the present time, and the feeling that they already have this
under advisement, an official Council referral might not be necessary.
The motion passed on the following vote:
Ayes: Beahrs, Berwald, Comstock, Henderson, Norton, Pearson,
Rosenbaum
Noes: Clark
Oral Communications
No one addressed Council under Oral Communications.
Executive Session
6
Council adjourned to Executive Session from 12:45 a.m. to 1:10 a.m.
Following the Executive Session, the City Attorney stated that the
city will institute no disciplinary .action under Article IV, Sec-
tion 10, of the Palo Alto City Charter, for any contribution by the
City Manager or any city employee to any City Council candidate.
APPROVED:
g2Ji /,riuitza
Mayor
ATTEST:
354
4/30/73