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HomeMy WebLinkAbout06181973CITY COUNCIL MINUTES June 18, 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 (arrived 7:40 p.m.), Comstock, Henderson, Norton, Pearson, Rosenbaum Seman Absent: None Mayor Comstock announced that this evening Council would be addressing itself to several matters which had engendered high public interest. He said that Council would allow people who wished to express themselves to do so. After the publle 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. Minutes of May '', 1973 Councilman Berwald referred to page 383, next--to--last paragraph, after the words "Carla Vespe responded" insert "the board has not delegated instructions;" The remainder of the sentence would be as shown in the minutes. Councilman Berwald also referred to page 392, third paragraph, and asked that the beginning of the sentence be changed to read, "Councilman Beraaid felt that the point that the maker of the motion seemed to be moat concerned about is..." MOTION: Mayor Comstock moved, seconded by Norton, that the minutes of May 21, 1973, be approved as revised. The motion passed on a unanimous vote. Minutes of June_4, s_ 1973 Mayor Comstock announced that the minutes of June 4, 1973, would be considered at the next meeting of the Council. Resolution Bxpreosin Sympathy to the Fatal Mayor Comstock stated that Councilman Clark had requested to consider are item of new business as a matter of urgency to be enacted this evening. 1 1 6 6 0 6/18/73 Councilman Clark commented that this matter could really not be con- sidered urgent, but he thought that early in the evening when more people were present was the appropriate time to offer sympathy to a family and express appreciation for a wonderful civil servant. He con- sidered it a great privilege to introduce a resolution to the Council expressing sympathy to the family of Howard A. Zink who was police chief in Palo Alto for twenty-seven years and who died a few days ago. He said that he had great and very fond feelings for this wonderful person. MOTION: Councilman Clark moved, seconded by Comstock, to consider the resolution as a matter of urgency to be enacted this evening. The notion passed on a unanimous vote:. MOTION: Councilman Clark introduced the following resolution and Moved, seconded by Comstock, its adoption: RESOLUTION NO. 4770 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING SYMPATHI TO ThE FAMILY OF HOWARD A. Z.INK" The resolution vas adopted on a unanimous vote. Public hearinpy -197.3-74 Bulet Mayor Comstock announced teat this is the time and place set for the public hearing on the budget for the fiscal year 1973--74. He asked that the record rho= that the City Clerk has on file the affidavit of publication of notice of this hearing. He declared the hearing cper. and gave a brief background of this year's budget. He asked if any resident of the City of Palo Alto wished to speak on the budget. Frederic M. Rea, 150 Southwood Drive, representing the University b Crescent Park Association, stated that he had tremendous respect for all of the Council members and staff who had pint so much work into the budget. He said he would like to speak regarding the $310,012 for the Palo Alto Community Drug Abuse Program and Residential Treatment Center. Pe said their association has a direct interest in the RTC at 850 University Avenue, because it is within the parameters of the association. He felt that careful reexamination of the drug abuse program was mandatory. He presented a series of questions and said that in the absence of specific answers to these questions, he felt that the city should be under no obligation to renew the contract with PACDAB in September. Bradley Borden, 703 Addison Avenue, representing the Palo Alto Tenants° Union, addressed Council regarding revenue sharing funds and said that he felt that revenue sharing funds from the federal government had been budgeted for the wrong things, and he thought that they should be spent for social programs such as subsidizing rents in Fire Zone 1, rehabilitating houses in the area, medical care, etc. Janet Owens, 863 Moreno, representing Midpeninsula Citizens for Fair Housing, said she hoped the city contract with the Palo Alto Housing Corporation would be renewed and that she was extremely disappointed that the budget did not include funding for anticipated housing re- habilitation during 1973-74. Stephen Szperstein, 3072 Stelling Drive, acting chairman of the board of directors of the West Bayshore Residents Association, read 4 4 1 6/18/73 a prepared statement concerning the Greer Park improvements and expansion program and requested that City Council vote to approve the recommended funds for that expansion and improvement. Virginia Debs, 3145 Flowers Lane, said she was present to answer ques- tions Council might have regarding the budget amendments on child care. Councilman Beahrs asked if there had been any more contact with the county which would be encouraging on the receipt of the $61,000 from them towards the child care program. Mrs. Debs responded that they had a special meeting with the health manpower people, and it almost looks as though the money might be in hand before there i5 any means to dispense it. She said they are pursuing the county with their proposals. Harold Lesser, 440 Ramona, stated that he had addressed Council a year ago regarding the question of the drug abuse center and was then opposed to the proposed location on Ramona Street. He said that his misgivings were misgivings, and in the entire time the drug abuse center had been located en Ramona, It had created no problem and had been functioning in a manner as everyone hoped it would function. He strongly recommended its continued existence. John Porter, 275 H, th,nrne, addressed Council in connection with the drug abuse progra . The neighbors had misgivings at the time the program was begun, and he asked that the drug staff try to keep the feelings of the reignbors in mind as the.; continua- w[th the program. If they are going to continue to be Lore politically oriented, they should be cauticned to be core like a neighbor. He hoped some other kind of program that does not have the inpact on the neighborhood might be instituted by Council for f u*:ding. Ron Luyet, spacial problems counselor, Palo Alto Senior High School, addressed Council about working with the drug abuse center this year. He fel< it was important for Council to know that special problems counselors who are attempting to work directly with young people have been completely satisfied with the reception they have had at the drug center. He encouraged Council to fund it again next year and to consider challenging the school district to look at its obligation and commitment in this field and to preventive efforts in terms of drug education. Councilman Beahrs commented that he was glad Mr. Luyet was here tonight, and tie said that if the statistics of the drug abuse center are accurate, it seems that roughly 75% of their effort is going into general counsel- ing, which is a function of the school system. He felt that Council was paying for t%e sang services provided by the school system and United Crusade. He asked if Mr. Luyet could augge3t what could be done to correct some of his. Mr. Luyet responded that part of the difficulty is that each counselor is responsible for one complex, consisting of a high school, a junior high school, and six elementary schools. They have more students than they can handle. There are not enough people for young people to talk to about their decisions. In any drug center he has been associated with, the issue comes dor...a to helping people take back control of their lives. Gene Blumatein, 770 Willow Road, said that he is a client in the Collective who has had a drug problem for five years. He said he is 442 6/18/73 making it, is not on drugs, and feels gond about himself as a person. Herman Ohme, 4185 Cherryoaks, vice principal at Cubberley High School, urged Council to continue funding the drug program. Without this kind of program, he felt that there would be a great increase in the kinds tf_ problems they are now beginning to attend to at Cubberley High School. Councilwoman Pearson asked Mr. Ohme if the drug problem is as great as it was a year ago. Mr. Ohme responded that he felt it had lessened somewhat and that there is a better grasp of reasons why students are involved in the drug scene. Counselors are now getting the benefit from the help they are getting from the drug center, and he thought it would be disastrous not to continue the programs. Councilman Berwald asked if Mr. Ohme could give some specific details as to the types of help that were being received from the drug abuse programs and some statistics and facts. Mr. Ohme responded that there have been programs at Cubberley, and the theatre group had been there, and there had been some family help, but he did not have any actual statistics. Councilman Berwald asked if, within the last week or so, there had been any need for him to call on PACDAB for any counseling for any alcohol or uarijuana problems. Mr. Ch~e replied that he was not that directly involved so that he hirself would have had to call PACDAB. He asked Mr. Bliss to respond. Phil Bliss, counsellor, said that he had called on PACDAB within the last week or two, and that the drug center had been helpful, and during the lair ;.'eek of school he had referred two students in one family there, and that therapy is ongoing now. Councilman Berwald a,3ked if Mr. Bliss had any idea tow many students had been referred, and Mr. Bliss replied that he would have to talk about all six secondary schools as well. as surrounding schools, and he could not say. In his first year at Cubberley when the center was not in existence, it was frustrating that students with drug prabletrd had nowhere to go. The downtown center is attractive to students. He said he had referred approximately twenty there this year f,ar drug p rob l.e ns Councilman Berwald asked in very tangible ways what had happened in specific term's, and Mr. Bliss said he did not: know how to respond to that. lie said that there had been army instances when had he not had the drug center that he would have been frustrated in a referral effort. Councilman Berwald said that he was looking for the results of the referrals. He asked if Mr. Bliss had seen any results and if he could give any tangible specific evaluation of those re:cults. Mr. Bliss responded that he feels positive about the referrals that he has made. Carla Veepe, 4247 Ramona Avenue, Chairman, PACDAB, stated that she has been working for two years, since the inception of PACDAB, and that she slinks everyone knows that the staff has put a lot of time rend energy into the program and wants to continue. Mike Fox, 1969-1/2 University Avenue, stated thet he thinks it is important to understand the work of the Collective. In one area it 4 4 3 6/18/73 has been able to make a major breakthrough --working with addicts. The Collective has worked with hospitals in the area to develop detoxification programs. A group of addicts is now trying to organ- ize within the Collective to give each other support. The Collective has managed to develop a program to help people take control of their lives. As another example, about four months ago, Medi--Cal ordered detoxification cut off from payment under the Medi-Cal program. Staff members of the Collective went to Sacramento and questioned the legality of the order and got detoxification reinstated. Crystal Carnage, 1568 Channing, suggested Council ask the PACDAB board if they would make a convertive effort to find funding for their mldpen!nsula regional activity. Also, if probationers are sent to this county for rehabilitation and remanded to the Collective or RTC, some sort ,of equivalent probationary service ordinarily given by this county should be investigated for funding and relief from the pressure oa our City Council to fund completely the program. Mayor Comstock declared the public hearing closed. He called on Vice Mayor Norton, chairman of the Finance and Public Worka Committee. Vice Mayor Norton commented that the committee net some nine meetings on the subject matter before Council which culminated with the proposed budget, together with two or three other areas of updating. He stated that there were additional new recommendations from the Finance and Public Works Committee that do not appear in the budget document. These additions or recommended deletions are contained in his letter of June 14. There are also staff recommendations which he would characterize as part of the updating process. He stated that recommendations had arrived rather belatedly from the Planning Commission pertaining to five broad areas. He mentioned that other reports had been received and lettere regarding the budget from people in the community. MOTION: Vice Mayor Norton introduced the following ordinance and moved, on behalf of tha Finance and Public Works Committee, its adoptionwith committee atend&ents and staff recozzunertd; tions as contained in Exhibit 3: ORDINANCE NO. 2723 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADOPTING A BUDGET FOR FISCAL YEAR 1973--74°' Mayor Comstock commented that this motion does include the recom- mended funding fur the drug abuse program and for the Housing Corporation contract. It reflects previous Council action and disposition of revenue sharing funds so that all will be consolidated in the budget along wit'} the recommendations of the various committee meetings. He stated that the budget was now before Council, and it would be appropriate for Council members who might be desirous of making changes to introduce amendments. Councilwoman Seman stated that she had been advised by the City Attorney that since it had been one and one --half years since she efas a director of the Housing Corporation, and since it is an entirely new contract that is being considered, it is entirely appropriate fox her to vote on all matters concerning the Housing Corporation. Councilman Henderson stated that at a later time thin evening, he would like to make some general comments about this budget, but at this time he would speak to specific amendments. He said tip it he 4 4 4 6/18!73 had had some concern about the manner in which the budget appeared to be commiting Council to certain policies. An example appears on page 143 under capital improvement fund where $293,000 are shown for Willow Road improvements. He said that Council is not in a position to be making decisions of that nature, because it does not know what is going to be presented. He thought that there should be an amount in next year's budget that allows for continuation of the study and allows the'taking of additional steps if the question comes before the Finance Committee and Council and Council wants to go farther with financial and engineering studies. He felt that the figure was unrealistic as presented. AMENDMENT: Councilman Henderson moved, seconded by Beahrs, that the budget be amended under Street Improvement Fund, Willow Road Improve- ments to change the title to Willow Road Improvement Study and reduce the proposed appropriation from $293,000 to $50,000. Councilman Clark asked for a response from staff, and Mr. Sipel stated that Council had asked in past actions that staff come back with some policy alternatives. Staff is in the process of completing its work on those alternatives at this time and expects to be back to Council in August. A reduction of the appropriation at this time will not hinder staff. If Council wishes to go farther, the appropria- tion will probably help pay for some of the design. Once Council makes a policy decision, it will be faced wth a budget amendment to accomplish completion. The amendment was approved on the following vote: i Ayes: Beahrs, Berwald, Clark, Comstock, Henderson, Pearson, Rosenbaum, Semen Noes: Norton Councilman Henderson referred to page 14,1, Cable TV System Specifi- cations, and said to him that indicated moving ahead with a specific system implementation. He would prefer to think of this $50,000 as a continuing amount so that Council can seek further economic or engineering studies. AMENDMENT: Councilman Henderson moved, seconded by Rosenbaum, that the Capital Improvement Fund budget be amended under Miscellaneous --- Cable TV System Specifications to lead Cable TV System Studies, $50,000 and that under Capital Improvement Fund, Community Service, change title from Greer Park Addition to Greer Park Improvements. The motion passed on a unanimous vote. Councilman Henderson commented that the budget is more easy to under- stand this year. One is able to look at the figures and make co- parieons. He said he still has difficulty in knowing how to judge individual programs. For example, it has been his feeling that the street sweeping program should be upgraded by $28,000 so that the city is back to the old program of sweeping streets at least once a week. A request was given to staff to find $28,000 within the Public Works Department. He felt that this was reasonable on a $2.5 million budget. The only choices which were given by staff were to cut other areas of service. He felt compelled to pursue this with a motion to amend the budget to delete four items that total $28,000. 443 6/le/73 AMENDMENT: Councilman Henderson moved, seconded by Pearson, that the 1973-74 budget be amended to delete the following: page 50, under Budget and Staff Services Department, Communications Division, radios for street sweepers, $4,S00; page 63, Public Works Department, Engineering Division, Office of Contract Services for Preliminary Work on Special Projects, 7,500; page 63, Casual Salaries which are there to meet workload requirements, $9,400; page 67, Public Works Department, Streets Division, Street Cleaner Overtime Salaries, $6,643. Councilman Beaters stated that it was important to observe the arguments that were made for the radios in the street sweepers. It is easier to get double duty, because if the operator sees some- thing suspicious, he can call in. Councilman Beahrs felt that $4,500 was a good buy for a city which needs more policing"instead of less. Furthermore, it enhances the efficient use of the street sweepers. He did not think that the city necessarily needed the streets swept every seven days, and at certain seasons it needs it more often. He felt that .he program of street sweeping should be adapted to the need. Councilman Rosenbaum asked staff to comment on the proposed deletions, and Mr. Sipel said that with respect to the special contracts that while Council nay cut this out of the budget, it does not obviate the need for it if Council chooses to go forward with something that requires this kind of service. If it is cut cut, funds will have to be found somewhere else ''hen needed. Regarding $9,000 for casual assistance in the engineering unit, if that money is cut out, it will be necessary to stop the updating effort on the city's block books which are used to keep track of where the utility lines are, He did not feel it was a wise kind of economy. Regarding the cutting cut of overtime for street sweeping, he said that the city finds in the fall that some extra time has to be spent when a lot of leaves are down, and they cannot be swept up during the normal work week. If that money is cut out, staff will have to -look at the polio;? irpl.icatiors. He did not feel that the change in the street sweeping ove u ice allocation would produce what was wanted with the increase of $28,000 to the rest of the street sweeping budget. Mr. Deverel stated that there is a certain amount of overtime re- quired to maintain any service level, particularly nt certain times of the year. The radios do contribute to productivity of the street sweeping operation. Also, there is a public safety aspect, and there is some degree. of safety for the operators themselves. Councilman: Berwald felt that staff had given sufficient ,j•stification for retaining the items and urged Council to vote against the amend - meat. Councilman Clark asked for a discussion as to why it was felt there was a need to increase street sweeping. Councilwoman Seraan said that she would vote against the amendment, but she did want to say that she understood the frustration that with a $2 million budget, $28,000 could not be taken from someplace. She said as she looked at the financial report, it demonstrated that only 60% of the public works administration budget has been spent with 922 of the year gone by. She said she would assure. Council that the $28,000 will be made up without cutting out specific pro- grams. 446 6/16/73 Councilman Henderson said that he was not sure that these were the best weans of finding the $28,000, but they were the ones he felt he could support. The city has gone many years without radios in its street sweepers, and public telephones could be used for the situations that were mentioned. There will be some personnel changes in the public works department which will give the City Engineer more time to devote to engineering functions. W.'-.th a full complement of street sweepers, he did not feel that this degree of overtime was needed. City Manager Sipel responded to Councilwoman Semen's eomment regarding the 60% of the public works engineering budget being spent with 92% of the year gore by. The reason for that is that the city's bus system was sold to Santa Clara County; therefore, the city did not have to spend the subsidy which was not anticipated at the beginning of the year. 4'.e estimated that in the $11.5 million budget this year, there would be less than 1% that would be unexpended. The impression was given that there are funds in every nook and cranny of the budget, but that is not the case. Things are tight, and staff expects them to be tight next year also. The reason that Council cannot find something to cut is that staff has done an excellent lob of cutting before Counci 1 received the budget. the A'•endilent failed on the following vote: Ayes: Comstock, Henderson, Pearson Noes: `eahrs, Eerw'a1d, Clark, Norton, Rosenbaum, Semen Councilman Henderson asked Mr. Sipel if on September 1 or whenever Council receives the evaluation report on the drug abuse program, if some of the concerns which many Council members have are sub- stantiated and Council decides to cancel, restructure, or modify the program, would staff be embarrassed by having $310,000 in the budget. Mr. Sipel responded that Council can terminate the contract with a 33 -day notice and a 30 -day phase -out period and that roughly 7/12 or 1/2 of the total appropriation could be saved. Councilman Beaters said that he would like to have the drug abuse proponents take t -is to heart, because acme people think that public money is in plentiful supply, but many feel they are giving too much to government which now takes 43% of every dollar earned. He .said this money is not guaranteed, and the day of reckoning Is at hand. Mayor Comstock noted that Exhibit "R" Mentions $220,000 for the contract agalnst a total of $310,000. He asked staff to review for Council the constituency of the $310,000. Assistant City Manager Charles Walker responded that of the $310,012 for the drug abuse program, the major part Is $220,000 to be pro- vided to ?ACDAS for direct services. In addition, there is $77,900 provided for drug abuse evaluation. That amount anticipates over $58,000 in federal funding. $19,000 will be local. revenue. Another $12,000 shown is for supervision and coordination of the program at staff level, which represents the cost of providing lisison. Councilwoman Pearson stated that she has several motions which she will put on the floor to make sure they are on the record so that evereene knew! whore the stands on certain ailuretions. She noted See p. 009 4 4 7 6/18/73 that in the Capital Improvement Fund, there is an appropriation of $70,000 for Squire House rehabilitation. She also noted that this in:ludet $25,000 for landscaping and irrigation. She was willing to do the outside work for $25,000 to make sure that the outward appear- ance of the house is maintained, but she would object to spending the other $45,000 before: she even knows what the house is going to be used for. She would like to see the funds deleted or put into some other use until that is determined. AMENDMENT: Councilwoman Pearson moved, seconded by Henderson, that the Capital Improvement Fund be amended by replacing $70,000 with $25,000 allocation for Squire House rehabilitation. City Manager Sipel said that it is true that the policy as to the particular use of the facility has not yet been decided, but the figure staff has suggested will just bring the house up to code regardless of what use it might be put to and would also provide for landscaping the outside. If this amount is reduced, there will only be funds to do the outside work, and some other Lethod will have to be found to do the interior, or special action will have to be taken once the policy has been established. Counci le..an Rosenbaur said he would like to leave the coney in the budget. He felt that this is ::hat it is going to cost regardless of use. Councilman Henderson said that this sets a specific level of im- prnvecents, and quite often we tend to fill in the gap with the amount of dollars set forth. He felt it would be better to set the policy first. Councilwoman Pearson comrer►ted that the house was acquired as a gift, and she would hate to think that the Historical Society gave the city a gift of the house and then abandoned the city, and she hoped that the Historical Society would continue to raise funds to re -- habilitate the house: for whatever use that might be made. The amendment failed on the following vote: Ayes: Clark, Henderson, Pearson Noes: Reahrs, Remold, Comstock, Norton, Rosenbaum, Semen Councilwoman Pearson commented that the funds for the Downtown Park North site had been deleted from the budget. She thought it would be appropriate to keep the fund, for a park but would like to move it from that site to Lytton Plaza. AMENDMENT: Councilwoman Pearson moved that $62,200 be put back in the budget to purchase a mini -park in downtown Palo Alto, specifically Lytton Plaza. The motion died for lack of a second. Councilwoman Pearson commented that Council had just reduced the budget allocation for Willow Road from $293,000 to $50,000, leaving. an unused balance of $243,000. She felt it would be appropriate for that money to be used for a beginning program of rehabilitation and renovation in the City of Palo Alto. 448 4/18/73 1 AMENDMENT: Councilwoman Pearson moved to add to the Capital Improvement Fund under Miscellaneous, Housing Rehabilitation, the sum of $243,000. Councilman Henderson asked Councilwoman Pearson if this would not be going against what was said about budget allocations determining policy --to say that this will be a program of rehabilitation at X number of dollars, and Councilwoman Pearson replied that the proposed program is already in the Policy and Procedures Committee and was sent hack to staff, and the committee expects recommendations from staff.. Councilman Henderson referred ..o the landbank funds of $500,000 that are being carried over and asked if then were anything that would prevent them from going into a program for rehabilitation, City Controller Mitchell replied that by a majority vote of the Council, the money could be redirected to the kind of program suggested by Councilwoman Pearson. The motion died for lack of a second. Councilwoman Pearson referred to the $10,800 which is in the budget to finance the Housing Corporation for one rore year. AMENDMENT: Councilwoman Pearson moved, seconded by Henderson, to delete fro the budget the $10,800 funding for the Housing Corpora- tion. Councilwoman Pearson commented that she was unable to be present at the previous meeting where the Housing Corporation was discussed; therefore, she would like to make her convents at this ti e. She stated that she never had said anyone had done anything illegal, and she does appreciate certain member,. of the Housing Corporation and all they have done. She thought Colorado Park was a single project they did accomplish and for which she commends them. It was achieved early in the life of the Housing Corporation before they were compensated by the city. She noted that the city has spent S32,400 to fend the Housing Corporation in the past three years and has received in return lengthy reports which consistently supported high -density, high-rise, low/moderate-income housing which is completely contrary to the stated Council policy. The Council has had to hire a consul- tant in land planning to actually help in developing the best, most imaginative, and most neighborhood acceptable housing projects for the Webster Street site. This planner is doing what Council had hoped the Housing Corporation would do with citizen and neighborhood involve- ment at public meetings. Land site after land site has fallen to single -home, high-priced developments. Landbanking proposals and sites recommended by the Housing Corporation are zero. The least the Housing Corporation could have done eras recommend a development noratorium until the Council and the Planning Commission and the public had concluded the new General. Plan and had determined the best use for those land sites. The neighbors, the general public, and Palo Alto are the losers. The Housing Corporation has been totally ineffective when public education was required during the times low/moderate-income housing projects were being presented. Where were their public neighborhood forums during the Hirsh 6 Stern, Arastradero, Frenchman's Terrace, the West Bayshore project, and the Webster Street project, and these were in their contract. One member at least is still so totally involved in real estate in Palo Alto that everything he proposes only serves in the end to directly or See p. 009 4 4 9 6/18/73 indirectly help to enhance his business. the Housing Corporation needs a strict conflict--of-interest clause or code of ethics. What they have now is inadequate, since this member is still an active member of the board. That member and the board need a code to protect the public or to protect themselves from even a glimmer of suspicion. The Scott Street mini -park cost a lot more than if we had been able to acquire the site, of which the Scott Street park wa.s only a part. See p. 9 The city had to buy it from the very developer who first purchased the total hospital site, proceeded to sell off the houses or raise the rents of those he kept, and he transacted the whole deal quietly so that even his own board, the Palo Alto Housing Corporation, did not know what he was doing. Last, every imaginative low/:moderate-income housing proposal has come, not from the Housing Corporation, but frotr: the Council itseld--°the Webster Street and its innovative planning, See p. 009 piggyback housing, rehabilitation and renovation, presale inspection, apartment licensing, rezoning for housing. If the Housing Corporation wishes to continue to exist, they should do so on their own, and if they need funding, perhaps the money would core from real estate and development interests. She urged Council to vote to delete the Housing Corporation funding in the amount of $10,800. Councilman Berwald urged Council to defeat the motion and to continue. funding the Housing Corporation. To support that position, he said that such of what Councilwoman Pearson said is highly inaccurate. On the ratter of Webster House, she indicated the Housing Corporation had nothing to do with that. He said that he put the item on the Council's eAgenda following consultation with the Housing Corporation. The Housing Corporation can take a great deal of credit for the high level of management and the high social level that exists at Colorado Park. Their following of the management contract hes been outstand- ing and has received accolades from HUD. Reggardng conflict of interest, that item has already been considered by Council. Regard- ing the comment that the city had to hire a consultant en Webster House because the Housing Corporation did not act in that capacity, the Housing Corporation was not asked to be involved in the original discussions on Webster House. Several weeks went by before they received a formal request to participate. He said that Council delayed Webster House and also delayed Arastradero Park, and pecple would probably he living in those areas if it were not for the un- warranted delay. He felt that the Housing Corporation had done a fine job. The matter of the conflict of interest was referred to a committee of the Council and handled. He thinks it is unfair to go back and dig up these particular dead issues, and he hoped Council would continue to support the Housing Corporation. City Attorney Stone commented that the conflict: of interest assign- ment that their office has i8 to draft legislation for the City of Palo Alto regarding a conflict of interest ordinance that may or may not be applicable to consultants. Councilman Rosenbaum stated that perhaps Councilwoman Pearson had laid some charges on the Housing Corporation which were unfair. He said everyone recalled the unpleasant meeting in February in which Councilwoman Pearson was absent and which involved Mr. Reller and Mr. Clay. The complaint with Mr. Reller was that he was heavily involved in local real estate, including housing that could be regarded as low income and simultaneously taking an active role in the Housing Corporation. In reviewing what has gone on in the Mousing Corporation since that time, there vas a discussion in April which had to do with (-hanging the standards for housing Go 450 6/18/73 as to provide that renovation could be done in cei tail► older homes but in a way that did not meet current building codes. This dis- cussion was led by Mr. Reller who has an interest in housing of this type. Councilman Rosenbaum asked Mr. Duckstad, president of the Housing Corporation, if the Housing Corporation felt uncomfort- able with 3 rcezber of the board who is so heavily involved. Mr. Duckstad responder; that 1r. Reller made a very hypothetical study for the Housing Corporation. He was showing a cash flow analysis of what could be done in a community like Palo Alto without the existence of programs such as were available from HUD. He said he personally saw no relationship to Mr. Relier's Scott Street situation. Mr. Tuckstad was pleased with the innovative and creative thinking that Mr. Reller had done to come up with something like this for the Corporation to consider in the absence of federal funding. The Housing Corporation is participating with Mr. Crigoni's study group on tha Fire Zone I situation. The Corporation also has a ccemittee on alternative funding sources in the absence of federal programs. He felt what Mr. Reiter did was something it would take a realtor or mortgage banker to come up with. He saw no self-sustaining interest in Mr. Relier's statements. They were made in an open meeting. Councilman Rosenbauu. said that he was not implying that there was necessarily <<ny self-serving interest, but what he was referring to goes considerably beyond just Scott Street. He asked Mr. Duckstad if he would not rather have Mr. Reller just be in the position of offering expert advice, and Mr,. Duckstad responded that no action was taken. The matter is still under study. If Mr. Reller wanted to do something like that in Scott Street, that would be hts on thing, but he was talking about the larger picture of Palo Alto. Councilman Henderson commented that it is very difficult in his position, being liaison of the Housing Corporation. He has expressed himself several tides in Council meetings and in- the committee that was established to discuss the conflict -of -interest situation with Housing Corporation representatives. He said he continues to be a strong supporter of the concept of an independent Housing Corpora- tion, and he took an active part in working on the proposed contract for 1973-74. He is still faced with the problem that the Housing Corporation failed to take action on a conflict -of -interest situation unacceptable to him. That situation focused on the Scott Street property transaction, but it was evident also in several other Housing Corporation involvements, and in recent weeks there have continued to be incidents not acceptable to him. if the city had known that the Scott Street property was up for sale and had made a decision about the nini-park at that time, it would have gotten a wholesale price from the Palo Alto Medical Research Foundation. Also, Mr. Reller recently used Housing Corporation information in advising elderly tenants to move to Palo Alto Gardens thereby allowing him to increase the rents on his property. It is easy to say this is the way business is transacted these days or that questionable tactics cho 1d be overlooked because of the good that is being supported. The conflicts of interest relating to the Housing Corporation go beyond what is acceptable to him, and he said he will not remain silent when he thinks something is wrong. He felt extremely sorry that Mr. Reller had not seen fit to resign or that the Housing Corporation members had not sought his resignation. The present Housing Corporation board consists of outstanding, dedicated indi- 451 6/18/73 viducls ::ho can contribute significantly to improving Cho housing :situation in Palo Alto. Councilman Henderson said it is not his desire to end the city's contract with this organization if it can ee avoided. Without the conflict situation, he would eagerly sup- port the contract before Council; however, under the conditions riven, he must vote against it. Councilman Beahrs stated he was unhappy at the necessity of this rehash of politics. He thought the advancement of these ideas was premature and reminded Councilwoman Pearson and Councilman Henderson that the next campaign year is 1975, and it would be more appropriate to raise political issues in March of that year. Councilwoman Semen commented that she wanted to draw a parallel between the Housing Corporation and the Palo Alto Community Drug Abuse Beard, both of which are nonprofit corporations and new steps to city structure. Because they are new steps, there is a lot of misunderstanding and a lot of lack of accountability in both programs. Both have taken a lot of time tonight. In the city's contract with the Housing Corporation, it did not stipulate, for good and legal reasons, that the Council should have control over approval or disapproval of the members of the board. It was set up so that it would be independent and Council would not have control. Therefore, it scuts inappropriate to terminate the contract because of some question with a board member. Ehe felt the city had indeed received 3300,0)0 worth or services from the Housing Corporation, and she was sure Mt. L)uckstad could enumerate these services in great detail. ft was stated that Colorado Park was a great achievement, but it was past now. Councilwoman Seman said she thinks it is not past. The lousing Corporation, because it was a new entity, was not recognized by HUD to be the sponsor, but now Colorado Park has been built, and it is overwhelmingly successful because of the Mousing Corporation's involvement, not: the Urban Coalition's. The Housing Corporation was the chief motivator and sponsor. This track record is -there, and when the federal government gets back to funding housing developments, the city would have to create a housing corporation to build future federally subsidized projects. It seems a waste of money and time not to keep expertise already built in. Also, she was concerned about how the federal government would view Colorado Park if the city decided that the entity that is responsible for the management of it is cast off from the city. She urged that the amendment be defeated. Vice Mayor Norton commented that a couple of new statements had been made, namely, Councilwoman Pearson's statement, seconded by Council- man Henderson, to the effect that Mr.. Reller deprived the city of the opportunity to buy the mini -park on Scott Street at wholesale prices. He thought that position was unrealistic and wholly ignores the history of how the matter reached Council. The property was available to the city since the election when the hospital was defeated. Many Council members were asked about it and rejected the idea. The next thing that happened was that Mr. Aeller began to sell it to private parties to return it to private use. Only at this point, when a twelve -wait condominium plan had been completed, and when Mr. Noble realized the house he rents world be torn down, did he come running to the City Council and scream about the notion of a mini -park. The Idea was obvious to anyone who thought it had any -intrinsic value as a mini -park. At this point it aeemed to him, realistically, that Council is in the position of having to pay more than it liked to pay, but Council knew that, Vice Mayor Norton said he pointed out that the city was paying too much for this property, and he did not think that Council should brae Mr. Relict because the city is paying too Bauch; 45 2 6/18/73 Councilwoman Pearson stated that staff alerted Council to the sale of the Webster site. and we had the sheriff's sale and had the option of purchasing it. When that fell through, Councilman Berwald put it on the agenda. Regarding the conflict of interest, Council has directed the City Attorney to study conflict of interest for the City Council, not the Housing Corporation. If Council wants to make sure there are no conflicts of interest in the Housing Cor- poration, is had better add it to the contract. Regarding the Webster Street site, she pointed out that the Housing Corporation submitted a plan to Council for the number of units that could be placed on the site. The plan, was totally unacceptable to everyone, and that was the end of their recommendation. She said she used the moratorium as an example of the kind of thing that could have been recommended to Council. The Housing Corporation never recom- mended it, even though site after site fell to developers. Regarding rehabilitation of older homes to house elderly, she was told that the houses would not necessarily have to be brought up to such ele- gance, because the elderly don't need it, and also she felt that to place that number of elderly in one house would require someone to care for them. Regarding the hospital site's being available to the city, she never considered it available to the city, because she was usv watching the Housing Corporation and their continual discussions abcut who was dickering over the site. In every instance, it seemed there was someone who was going to place good housing on the site. She said she was not willing to support a Housing Corporation if it were nct willing to have public night meetings and did not recognize when one of its own members could have a conflict of interest. amendment failed on the following vote: Ayes: Comstock, Henderson, Pearson, Rosenbaum Noes: Beahrs, Berwald, Clark, Norton, Semen In response to a question from Councilman Berwald, City Manager .`'.ipel stated that if one took all of the amendments on Exhibit "B" and tried to determine their total impact on the budget as proposed - in the green document, the result would be a total of $13,014,668 as opposed to the previous figure of $12.2 million. The increase is roughly $770,000, the bulk of that in the contingency. That only includee the effect on the general fund, not the utilities fund nor the capital improvement fund. It would change total expendi- tures to $14,490,073, which would be an increase of 12.62 and a net total of about $1.45 million. Councilman Berwald stated that he thought it was a good budget generally, and he could certainly see the tremendous work that had been done by the Finance Committee. He had some co eats that he felt Council .hould look at. First, public safety is down • little bit; public is down 3.7%. Many of the comments he gets from citizens about the city have to do with the condition of streets, people wondering about the undtrgraunding program, and he thought that Council should be careful to see that the City Manager is given support in the public works budget and is particularly given support in his plea for priorities. Council can continue to add the contirgencies of the moment and the public issues in the social field, and when the City Tanager pleads with Council to realize that it is getting to the Inelastic ertd of revenues, Council should watch budgets when they are presented in the first draft at 3.62 and then in the final draft at 12.6% over 4 S 3 6/18/73 the previous year. HP felt that 1.*flen the private sector is being asked to hold costs down, the public sector must be asked the same thing. He felt there should be some sort of tax control. Regarding the diversion of funds from utilities, the city can do only so rluch of that before there is an end of the situation. Regarding child care, most Councilmen during the campaign when people asked about child care, responded that Council would provide seed money. The amount in the hundreds of thousands cf dollars in the budget is nore than seed money. When he voted for the motion in the Policy and Procedures Committee, he did not believe that all of the money was going to be in the current year's budget. He felt it was too leech for a program, the details of which have not been worked out yet. Finally, he referred to the letter by Carleen Bedwell to the Drug Abuse Center staff and the letter from C!ty Manager Sipel to the Council and the response from the chairman of PACDAB and said he would like to know whether the City Manager's Office had any other comments to make, particularly to the question of can it easily live with the present contract between the city and PACDAB without more definitive response to the letter from Mrs. Bedwell. City Manager: Sipel responded that generally the intent of the letter as to present so -e issues to FACOAB. Staff tried to do this in a constructive fashion. One of its objectives was to bring the_3e things to the attention of the Council as well and indicate some of the difficulties staff saw `.n trying to administer this contract. Et was acknowledged by all of the parties at the outset of the pro - ;ram that there are limited opportunities for the staff to do much to affect the outcome of the contract. Steil feels that there are some opportunities for inproye,ent and is pointing then out to the drug board so that they can take constructive action. If so, the staff's goals will nave been achieved. If not, he hoped the City Council would take then up and follow through. The major thrust of the progra.n has to he measured by evaluation anyway. 1e suggested Council members pursue items with PACDAB to determine their answers and see if they are satisfactory to Council. Couaciltnan Berwald stated he found the response by Mr. Conway most unsatisfactory and thought it simply said that they are an indepen- dent organization and to stay out of their way. He would like to see at the earliest possible time this Council make whatever amend - manta are necessary to the contract, including cancellation and starting all over again: (which he hoped would not be necessary) that would put the City Manager iii the role the Charter calls for him to be In whenever the city is spending this kind of money -- control by the City Manager. He `could like to see the contract changed so the Manager would be a member of the board or would have a right of quarterly audit. The only person tonight who gave anything specific informaeion about the drug program was Mike Fox. He hoped that Council would not get into the same situation with child care %here it pulled the rug from under the City Manager and had no control over the program. Councilman Rosenbaum said he would like to take a look at the big picure. It was just mentioned that expenses are to be up 12.5% over last year. He asked for staff and Finance Committee thinking about that. Vice Mayor Norton responded that he could not anger the question except to share the same concern. He thought it manifested itself in page 3 of Exhibit "B." In the initial preliminary budget there 4 5 4 6/18/73 were proposed transfers from the sales tax to the Capital Improve- ment Fund of over ore million dollars. As a result of Exhibit "B" changes, the traditional contribution of 50% is being reduced to about one third in just virtually a year. If that trend continues, it is a plain simple fac: that sales taxes are going to go virtually all to operating expense. He said he was concerned, too, but did not know the answer. City Manager Sipe' said that he saw a general eroding of the city's ability to do the sane kinds of things it had done in past years. He did not see how the city could continue to fund new programs without new sources of revenues. Palo Alto's fortunate position is beginning to come to an end. He sees more planned use of sales tax for operating purposes. If that trend continues, the city will soon have no more sales tax for capital purposes. The present unappropria- ted capital balance is in the neighborhood of $4 to $4.5 million. At this time there are no capital improvement projects which cannot be done because of insufficient funds, but in the next couple of years, if a greater level of inflation takes place and the city continues to add prograr-s as it has in the past year without cutting back existing levels of service, it will be in trouble. Projections indicate the city c -r, rake it the next five years, assuming 4% inflation and other assumptions. Staff sees financial difficulty ahead. It will be looting carefully at all of the things :he city is doing in order to avoid the proble72 to the extent possible. Coc:ncilcan Rosenbau cc7.7eo.ed that perhaps it is not new programs that increase the budget. It is salary increases. This may be the real pt'oblPm. It is hard to say "no" because in nost of these cases, the employees are asking to keep up with the cost of living. Some - tine ago Council asked for a five-year projection of expenditures and revenues, which is included in this t'idget. He referred to page 146 under expenditures and said there is a rather remarkable sentence which says that general fund expenditures have increased approximately 60% from 1968 to 1973. They are projected to increase by 25% over the next five-year period. He asked why anyone thinks there will be only a 25Z increase. City Manager Sipel said that the increase has largely been the result of salaries. The 257, figure is faded almost totally on the assumptions that staff made about salaries, because that is the biggest ingredient ift C e $11..5 million budget and represents between $10 million and 511 million. If the cost of inflation or the cost of salary settle- ments is greater than the projections, it will not be 25% but will be sore other number. In the past five years, there has been a high level of inflation, and labor settlements have reflected those in- creases. He said staff was careful to indicate that some assumptions were evade which, if they did not coke to pass, there would be prob- lems in financing programs currently provided. Couacil'an 3osenbaum stated that what has gone on over the past five years cannot continue in the future. He hoped that early in the next fiscal year, the Finance Committee would address itself to long- range financial projections. Councilman Henderson stated that he would like to respond to some of Councilman Berrald's comments. He said that it appears the Police Department budget is down. In fact, it is up 6.42. The Public Works budget appears to be down, but if you eliminate the public transit study and make another adivatcsent, it is actually up 21. Councilman Henderson 455 6/18/73 found many situations where it appears a department is down, but there has been transfer of programs which make a distortion. The City Manager's department is down 76%, but these programs were transferred to other departments. If one traces it carefully, he will find they are all up .'onsiderably. He said that last year he was thoroughly frustrated in studying the budget because of the format. He is happy that the format has been revised, and he acknowledged the efforts of Clayton Brown, Karen Studley, and Alfred Mitchell in completing this task. The city now has a budget document that is readable and can be under- stood. The early draft budgets give good comparative data. Unfortun- ately there are so many programs with so much detail that the Finance and Public Works Committee could barely scratch the surface of pro- gram analysis. Now Council is told it must make judgments of what programa are going to be changed, eliminated, modified, etc. The only way that can be done in depth is to select two or three programs every year for a detailed study. There are several format changes that still need to be made, especially showing revenue of departments by programs. He thought that reorganization was complete. The Capital improvements draft was available in January. He thinks that the draft should go to the Planning Commission at that time. Then can the second round the Planning Commission's recommendations and Finance and Public Works Co=itcee's recom.-endations are brought in rather than at the last second. He thinks the big chore is to de- velop a program in Finance and Public Works Co7nittee in order to have sore effect on the high percentage of increase each year, Councilman Beahrs stated he ::as glad Couneilran Rosenbaum made his points, because this cannot go on. He feels that staff has done its best; yet the community and staff Must appreciate the problems confronting Council. All those vho seek taxpayers' money rust be amenable to priorities. Otherwise there is plenty of precedence of what happens. The core cities are suffering flight of their citi- zens, and this can happen to Palo Alto. Councilwoman Semen stated she would like to address herself to the people who are listening on the radio and the casual observer in the audience. It seems Council spent three hours discussing a $28,000 street sweeping item, $200,000 drug abuse program, and $10,000 dousing Corporation contract. She assured people that they bad just been observing the tip of the iceberg. The Finance Committee and Council have been following closely the entire financial program of the city. Budgetary expenditures have been carefully evaluated. Inc responding to Mr. Bowden who felt that revenue sharing funds were not being spent in the proper places, she said that many Council st.-r.>bers have great concern that revenue sharing address social needs in the community. Fortunately, in this community programs can be started without having revenue sharing cone in. There is a concern, she felt, about having revenue sharing funds spent primarily on social programs, because it might give a false impression that the city is not committed to them and will only address them while the federal government is giving the funds. As long as the programs are being funded, whether under revenue sharing or in other areas of the city budget, is not important. Council has been addressing Close problems revenue sharing is meant to address. Mayor Comstock refereed to the Planning Commission's recommendation regarding conversion of mercury vapor street lights and noted that there is specific funding in the budget for that. Under new business two Council umbers have proposed that there be a committee to review the program. He asked if they wanted to take additional action regarding the budgeting process or deal with the problem through the policy level. See p. 456 6/18/73 Councilman Henderson said that he wished to get the policy decision first. The budget figure is a difficult one to break down, because it involves necessary wiring improvements and the amount specifically for the lights is difficult to pull out. His proposal later on is a moratorium on the program until Council looks at it. He would leave the money in the budget for the moment. Councilwoman Pearson asked if no action is taken regarding conversion to mercury vapor street lights, would the program continue, and Mr. Deverel responded that, assuming in the later agenda item there is a moratorium placed on the program, staff hopes it would be on the lamps themselves. Staff would simply not do any more work until the moratorium is lifted. Mayor Comstock referred to the Planning Commission's suggestion that S5,0OO be included in the Capital Improvement Fund to explore methods of improving the Civic Center Plaza and asked the City Manager if he would want to be given Council direction in that regard. Mr, Sipel responded affirmatively. Councilwoman Pearson said she certainly would support sone method of improving the Civic Center Plaza: AMENDMENT: Councilwoman Pearson t ovzd, seconded by Rosenbaum, that the Capital Improvement Fund include an appropriation of $5,UOO to explore methods of improving the Civic Center Pieza. Planning Commissioner Steinberg stated that the Planning Conmiss.ton was disappointed that this project was taken out of the Downtown Beautification plan, and this is why it is berg recur ended at this time. Councilman Beahree suggested the city save money and instead of spending $5,000 for one more study, that it buy $5,000 worth of benches for people to sit on. Councilwoman Semen asked staff if this is approved, what would happen next, and City Manager Sipel said that he would talk to the Planning Commission first and try to get their thoughts as to what might be done. He was also sure Mr. Rockrise would have some ideas, and staff ma -ht ask him to expand the scope of his study. The amendment passed on the following vote: Ayes; Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Seman Noes: Beahrs, Berwald Mayor Comstock noted that the Planning Commissions next recommenda- tion was that $15,000 be included in the Street Improvement Fund to install a. traffic signal at the Bnbarcadero Road Town & Country Shopping Center entrance. Councilman Beahrs asked if this originated with the Planning Com- mission or if Mr. Noguchi had studied it. He felt that a traffic signal at this point would impede the traffic flow, and that it would be appropriate to put a policeman there when it was necessary to open up the traffic flow. Planning Commissioner Steinberg agreed and said that the Planning Cos .i,ssion's firut concern was not with putting in a traffic light 4 S 7 6/18/73 but to do something to solve the problem, which is a real problem. It is almost impossible to make a left-hand turn out of Town & Country into Embarcadero. Councilman Beahrs repeated that he had great reservations concerning a traffic light, and he also thought this was a problem for the merchants, and it was time for the taxpayer to stop subsidizing some of these things. Councilwoman Pearson said she thought that nothing was more annoying than to have a policeman directing traffic. Many times the reason traffic has come to a halt is because a police'.aa is interfering. $15,000 would not install a signal. It would give a working fund to do a study. AMENDMENT: Councilwoman Pearson moved that $15,000 be included in the Street:, Improvement Fund to study the possibility of installing a traffic signal at the. Fmbarcadero Road/Town & Country Shopping Center entrance. Tha motion died for lack of a second. Mayor Comstock noted that the Commission's next recommendation was that $5,000 be included in the Scott Street mini -park project to provide for the preparation of design alternatives. Councilman Henderson commented that the study is under way. He recalled naking a notion to refer tc staff the feasibility of closing Scott Street. City Manage;. Sipel said he did not think the Planning Commission contemplated the same thine that the staff is working on. Staff's area of activity is to provide some kind of interim facility similar to Downtown Park North involving landscaping and play equipment. That kind of planning can be accomplished for less than $5,000. In thinking about longer term use of the park and possible closure of Scott Street, we are in the $5,000 category, Councilman Henderson recalled referral from Council to staff to study the possibility of closing off Scott Street. He assumed it we's part of the Planning Department budget. He said he would not want to add for the actual improvements that might take place if the street were closed off. Planning Commissioner Steinberg indicated that the Planning Commis- sion was thinking of the closing of the street and integrating it with the park, and City Manager Sipel commented that that part of the assignment is not underway. The thing that was referred was whether or not to close off the street. If it is decided to close the street, staff will need funds to prepare some kind of design plans to implement that decision. There are not funds for that purpose at this time. Councilwoman Pearson commented that she was under the impression that the staff had the assignment. If that is not true, she thought the money should be appropriated for the closing off, because it is essential to that area. 45 8 4/18/73 AMENDMENT: Councilwoman Pearson moved that $5,000 be included in the Scott Street mini --park project to provide for preparation of design alternatives. The motion died for lack of a second. Mayor Comstock stated that the ordinance, as amended, was before Council. The ordinance, as amended, was adopted on a unanimous vote. SQusitx Corporation Contract After discussion, Council decided to move quickly through the remainder of the agenda items, handling those which could be handled swiftly and continuing those which needed more consideration. MOTION: Mayor Comstock moved, seconded by Henderson, that considera- tion of the contract with the Housing Corporation be continued for one week. The notion passed on the following vote: Ayes: Beahrs, Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Seman Noes: Berwald Eleanor Pardee Park Improvements MOTIO : Mayor Comstock moved, seconded by Semen, that Council uphold the recommendation of the Finance and Public Works Committee re Eleanor Pardee Park as follows: a. Expansion of the park to be for passive purposes. b. Emphasis to be placed on basic natural landscaping, retaining the present demonstration gardens and nursery holding area. c. Additional security to be established, such as additional lighting, and a chain link fe.:ce along certain; areas. d. Storage building to house equipment should be provided. e. Restroom facilities and tennis courts not to be included in plans. f. No enlargement of existing picnic area, g. No additional drinking fountains to be installed. h. No additional playground equipment to be provided. The motion passed on a unanimous vote. Resolution Le uestin reconsideration of the Gobi ports Arena rw�r ir.. Mayor Comstock introduced the following resolution and moved, seconded by Pearson, its adoption: RESOLUTION NO. 4771 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO REQUESTING RECONSIDERATION OF THE COUNTY SPORTS ARENA BY THE SAN3A CLARA COUNTY BOARD OF SUPERVISORS AND RESUBMISSION OP THE PROJECT TO THE VOTERS" 439 6/18/73 The resolution was adopted on the following vote: Ayes: Beahrs, Berwald, Clark, Comstock, Henderson, Pearson, Rosenbaum, Seeman Noes: None Abstain: Norton State Park and Recreation Bond Funds: ropose ocat one ormu a CMR:7 7:0) Mayor Comstock introduced the following resolution and moved, seconded by Beahrs, its adoption: RESOLUTION NO. 4772 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING AND ADOPTING A FORMULA FOR ALLO- CATING THE LOCAL SHARE OF FUNDS UNDER THE PROPOSED STATE BEACH, PARK, RECREAHIONAL, AND HISTORICAL FACILITIES BOND ACT OF 1974" The resolution was adopted on the following vote: Ayes: T'eahrs, Berwald, Clark, Comstock, Henderson, Pearson, Rosenbaum, Seman Noes: None Abstain Norton Mitchell Park Im rovementa: TETAT Zial2a (CMR:766:0) NOTION: Mayor Comstock moved, seconded by Pearson, that the Mayor be authorized to execute a contract on behalf of the City Council with Royston, Hanamoto, Beck & Abey to provide architectural ser- vices for Mitchell Park Improvements, Capital Improvement Project 69-33. The motion passed on a unanimous vote. Alcohol Tests: Professional Services Contract (CMR:719:3) MOTION: Councilman Henderson moved, seconded by Comstock, that Council authorize the Mayor to execute the agreement with Milton W. Smith, ,Jr. in an amount not to exceed $8,000. The motion passed on a unanimous vote. Traffic Lane Markers: Phase `J .Pro No. 7 -55A CMR:762:3) MOTION; Councilwoman Pearson moved, seconded by Reahrs, that Council find that his project has no significant environmental impact and authorize the Mayor to execute a contract uith Riley's Striping Service in the &mount of $15,442.50. 46 0 6/18/73 Councilman Rosenbaum stated that he had some real concern about putting markers in the bike lanes. If these are the same markers that are in the middle of the street, they are high, and he ques- tioned whether the city wanted to put 6,000 of these in bicycle lanes, because he regarded them as hazardous. He recommended that Council not approve this contract, and ask staff to either prove him wrong or go out and atcetttpt to et a marker which is smaller. MOTION: Mayor Comstock moved, seconded by Beahrs, that the con- sideration of Item 6 be continued for one week and staff be prepared to respond to Councilman Rosenbaum's question. The continuance motion passed on a unanimous vote. Leal Services Contract (CMR:769:3) MOTION: Councilwoman Pearson moved, seconded by Semen, that the proposed agreement be approved and that the Mayor be authorized to sign said agreement. In r,.spcns€ to a question from Councilman Beahrs, City Attorney Stone .stated that the fee is a true retainer. It is a guarantee of ';:G jib per r-.onth to the consultant. The r. tizn passed on a unanimous vote. AB ��'-�Housin Pehabiii.tatio� (CMR:76S:3) MOTION: : Counciiwo; f.n Pear:;on moved, seconded by Henderson, that the Mayor be authorized to write a letter of support on behalf of the City Council supporting AB 352. Council tan Beahrs stated he would prefer to see this matter handled through commercial banking institutions rather than municipalities aad would therefore oppose the motion. The motion passed on the following vote: Ayes: Comstock, Henderson, Norton, Pearson, Rosenbaum, Semen Noes: Beahrs Abstain: Berwald, Clark PACDAB Contract Amendment to Reflect u Increase MOTION:: Mayor Comstock moved, seconded by Pearson, to continue con- sideration of this item for one week. The motion passed on a unanimous vote. Reco ition of the Friends of the Children's MOTION: Mayor Comstock introduced the following resolution and mov'eti, seconded by bestirs, its adoption: 461 6/18/1973 RESOLUTION NO. 4773 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO RECOGNIZING THE FRIENDS OF THE PALO ALTO CHILDREN'S THEATRE PURSUANT TO SECTION 2.28.250 OF THE PALO ALTO MUNICIPAL CODE" The resolution was adopted on a unanimous vote. Easement Vacation: Los Arboles Addition 2 - tract 331T MR: b1:33 r" MOTION: Councilwoman Pearson introduced the following resolution and moved, seconded by Comstock, its adoption: RESOLUTION NO. 4774 ENTITLED ' kESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO DECLARING ITS INTENTION TO ORDER THE VACATION OF AN EASEMENT IN LOS ARBOLES ADDITION NO. 2 - TRACT 5371 AND SETTING A PUBLIC HEARING HEREON" Councilman Henderson noted that the background statement of the City Manager's report states that the City Council unanimously passed Resolution No. 4703. He said it was Lot a unanimous vote. The resolution ::as adopted on a unanimous vote. MOTION: Cour.c11wo an Pearson moved, seconded by Clarke to refer this ratter to the Planning Commission. The motion passed on a unanimous vote. Ordinance Authorizin Ciosin of 1972-73 Bud e an stts, s rag . eserves. MOTION: Councilman Henderson moved, seconded by Norton, that con- sideration of this item be continued for one week. The motion passed on a unanimous vote. Proposed Chemical Industrial Waste Ordinance MOTION: Councilman Beahrs moved, seconded by Comstock, to continue consideration of this item to July 2, 1973. The motion passed on a unanimous vote. Univers't Avenue District - Civic Center. treet Parkin - F'ro1cct No. 66-8, $arcel Noa. 122--49-23 and 122-49__4 MOTION: Councilwoman Pearson moved, seconded by Costock, to con- tinue consideration of this matter for one week. The motion passed on a unanimous vote. 462 6/18/73 Variance A laic tio nand Aapea1 T. eery 7200 Cowper Street, Zone District R-1 Vice Mayor Norton recalled that when the matter was continued at the last meeting, he had made a motion to approve the variance subject to some conditions such as that there be a trade-off to reserve the 40 -foot setback perpetually in front, height limitation for the addition, and the variance would be for the life of the structure. Mayor Comstock ruled that Vice Mayor Norton's motion of June on the floor. The notion: failed on the following vote: Ayes: Berwald, Comstock, Norton, Rosenbaum Noes: Beahrs, Clark, Henderson, Pearson, Senn See p. 009 11 was MOTION: Councilman Henderson moved, seconded by Berwald, that Council uphold the recommendation of the Planning Co r issicn to deny the variance application and appeal of Mr. and Mrs. Richard T. Peery to allow the location and construction of an addition with a street sideya_rd setback of S feet where 16 feet are otherwise required at 2200 Copper Street, Zone District R-1. Councilwoman Pearson stated that she regretted she could not vote on this last week. She had reviewed the clans and is familiar with the property, and it was understandable to her that the Peerys would like to have the variance, and she supposed if one of the criteria is that are old house must be rade to conform to the new architectural ideas of a family root: next to the kitchen, then their request is probably legitimate. When she looked at the layout of the house, if given a variance, Mr. Peery will have an enormous area to create new additions with new variances to accompany them. She could only assume no future developments on this present site and must agree with the zoning officer that alternatives are numerous. She believed per vote supporting the Planning Commission and the zoning officer would spur development of new plans which would not require a variance. She further stated that throughout her years on the Council, on et least two oor.asions she had introduced motions regarding variances, setbacks, and code modifications. The codes need review. Council must find a system which allows a certain flexibility for the homeowner, rather than staff and Council constantly sitting in judgment on each vari- ance request. Changes are needed to protect the city and its inhabitants and still allow some freedom for the property owner. The motion passed on the following vote: Ayes: Berwald, Clerk, Henderson, Pearson, Semen Noes: Beahrs, Comstock, Norton, Rosenbaum Fequeat re Street Li; t I' •rovement Program lequest _re S13 �filiia�;,rc Act !west re AB 1341 5 +er g C naation for Contaissioners. 463 6/18/1973 MOTION: Mayor Comstock moved, seconded by Pearson, that considera- tion of agenda items 16, 17, 19, and 20 be continued for one week. The motion passed on a unanimous vote. Re oast for Council Support of AB 920 NOTION: Councilwoman Pearson moved, seconded by Comstock, that council support AE 920 which is a method of financing park land and open space and making state appropriations therefor. The motion passed on the following vote: Ayes: Seaters, Clark, Comstock, Henderson, Norton, Pearson, Roser,baurn, Seman Noes: None Abstain: Berwald ":;2121,t12,ion of A reciation to Members of Finance and Public Works Committee and Staff' Councilman Clark stated that he wanted to express his personal appre- ciation to the members of the Finance Committee and the staff for their tremendous job in preparing the budget. Oral Communication, 1. Valerie God, 2:9 Cowper, addressed Ccuncil re 345 Kipling end requested the sum of $4,800 per year to open a redistribetion center at this address. 2. Vice Mayor Norton thanked Councilman Clark for his comments and also expressed thanks to the Finance Committee and the members who attended and were so helpful. He thanked Councilwoman Seman for helping in conscientious w, yea and said that Councilman Henderson deserves compliments for a lot of work, particularly for initiating major changes the format of the bn,iget and for his study. He thanked Councilman Beahrs who has done this for years and continues to be helpful. He thanked all of the staff members for many hours of help on the budget. Executive Personnel Session ih Council recessed to an executve personnel session from 11:30 p.m. to 12:20 a.m. A ointments to Architectural Review Board Mayor Comstock announced that in Executive Session the Council appointed the following five persons to the Architectural Review Board, terms to be determined at the firer organittional meeting of the Board: 4 6 4 6118/73 Edy Dorosin, 1221 Waverley Street, 94301 Philip Vogt, 770 Alester Avenue, 94303 Charles M. Kinney, 4242 Manuela Court, 94306 Sigrid Rupp, 1220 Hamilton, 94301 Derk Vyn, '86 Wildwood, 94303 Qurnmr. ke The meeting was adjourned at 12:20 a.m. APPROVED: 0„JA Mayor ATTEST: / City Cl 465 6/18/73