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HomeMy WebLinkAbout06231973CITY COUNCIL Mr rcS or P441.0 !?O June 25, 1973 The City Council of the City of Palo Alto met on this date at 7:30 pm in a regular meeting with Mayor Cometoek presiding. Present: Heahr'e, B rwald, Claris, Comstock, Henderson, Norton, Pearson, Rosenbaum, Semen 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 ai hed to express then elves to do so. After the p.ablic had spoken, the ratter 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 action 403 prohibits the disruption of a public meeting, and he hoped there would }e 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 June 4, 1973 nr.ir. rs..ffs a....m Councilwoman Semen referred to page 403, first paragraph, last line -.and asked that the word "home' be inserted between the cords "Dare" and "program." MOTION: Mayor Comstock moved, seconded by Clark, that the minutes of June 4 be approved as revi sad . - Thee motion passed on a ura.nimoua vote. Minutes of June 11. 1973 Mayor Comstock referred to page 426 and noted that a vote of Councilwoman Pearson is recorded in connection with Final Subdivision Map --I, J. L. 8ichler Associates. She did not arrive until later in the meeting and hex name should be stricken from the vote. 4 6 4 6/25/73 Councilwoman Seman referred to page 435, eecand paragraph, and noted that Mra. Helene Wheeler is president of the League of Women Voters and the word "elect" should be stricken. Councilwoman Pearson referred to page 432, sixth paragraph, and said that the first two words "Councilwoman Pearson" should be changed to "Councilwoman Seaman." MOTION: Mayor Comstock, moved, seconded by Norton, that the minutes of June 11, 1973, be approved as revised. The motion passed on a unanimous vote. Water Rate Schedule (CMR:792:3) emeemmememeesemememee Vice Mayor Norton, chairman of the Finance and Public Works Committee, commented that the committee's recommendation for the new water rate was semeerized in the staff report. He noted that the residential and commercial customers would experience moderately decreased bills while industrial; public agency, and fire protection customers would experience increases. MOTION: Vice Mayor Norton introduced the following resolution and moved, on behalf of the Finance and Public Works Committee, its adoption. RESOLUTION NO. 4775 ENTITLED "RESOLUTION OF THE COUNCIL OF :HE CITY OF PALO ALT© AMENDING SCHEDULES W-1, W -?90, W-2, W-3, and W-3-0 (WATER RATES) OF the CITY OF PALO ALTO UTILITIES RATES AND CHARGES" Councilman Henderson commented that Council doe. not often have opportunity to look at specific utility rates. He referred to a chart entitled "Comparison of Typical Monthly Billings" which was attached to a City Manager's report of April 19. According to this chart, it appeared the average rate per 100 cubic feet for residential use would be about 354, for commercial use about 280, and for industrial use about 370. This illustrates that industry is paying lower amounts when it comes down to per hundred cubic foot figures. In terms of conservation of resources, they are not inspired to conserve when the rates go down to that low a figure. Often there is discussion of the relationship between rates for commercial and industrial use, and he thinks that this givers an opportunity to look at how :lose the levels are, and one does not seem to be greatly exceeding another. Assistant City Manager Warren Deverel commented that since President Nikon promulgated his price decree, staff has been tzying to find out if the water rates can be raised. They do not really have the answer as yet and suggested that if Council wished to proceed that it do so with the admonition to the City Manager not to raise the rates until he is sure he can legs.Uy do so. The resolution was adopted by a unanimous vote. Sewer Rates 0:26:781:3) Vice Mayor Norton commented that the problem with the sewer rate is that the city,, along with spy other cities, is havi g to respond to higher standards mandated by the state agencies for the treatment of effluent. Palo Alto is under the ;jurisdiction 4 4 6 7 6/28/73 of the San Francisco Bay Regional Water Quality Control Board which has indicated that the city should improve the plant that was recently completed and also join with cities in the South Bay Area to basically add tertiary treatment and send sewage through a common pipeline to an area north of Dumbarton Bridge. In anticipation of this requirement, the city has addressed itself to the method of funding. It is anticipated that the bulk of the cost of this utility will be borne by the state and federal governments. But for Palo Alto's 20% preparation needs to be made in advance for the construction and put into the budget for the local share of this financing. A City Manager's report of June 11 gave six alternatives. The Finance Committee's recommendation is alternative No. IV with the further recommendation to accurately show the effective loss of interest by the city from funds that will be borrowed on an interfund basis. This should be shown to bear interest at the average rate of return of the city's investment portfolio for that year. This is mainly an accounting device to allow the true cost to the city of this ir_te►rfund loan. MOTION: Vice Mayor Norton moved, on behalf of the Finance and Public Works Committee, -that at Council approve the sewer payment and rate structure represented by alternative No. IV (CMRs757:3) with the new rates to be effective July 2, 1973; further, that the amount of the loan from whatever- source, bear interest at to average rate of return, of the city's investment portfolio for that year, and ir►trodueed the following resolution, recommending its adoption: RESOLUTION NO. 4776 ENTITLED 'RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SCHEDULES DULES S-1, S- 1-0, S-2, AND 5-2-0 AND RESCINDING SCHEDULE S -1-A (SEWER FATES) 0? THE CITY OF PALO ALTO JT1LITIES RATES AND - Mx. Dever31 commented that his statements with respect to the water: rests issue also applied in this case. This is more complicated since the city is counting on revenue from this increase to finance its shame of the South Bay Dischargers requirements. If the rate increase should be denied, the city will seek an exemption. Councilman Sanderson commented that the project is already underway; engineering design studies are about one half completed. The city has aIr ciy pie a commitment for a considerable outlay. The reeolFetion was adopted on a unanimous vote. Councilman Serweld aekod if Council could get an idea of what the increases mean azutally to each segment —residential, industrial, a,nd cemmarcial. Kr. Dsysrel agreed to provide this information. Park Citation Da leant and Survey of ac es r Vice Mayor Dorton commented that this situation is more c ntpliceted. The amount of money is small, but the principle is important. The staff started this discussion by calling to the pinance Committee's attention the fact that under the current policy of issuing citations through the meter maid program, the enforcement portion of the parking program operates at a deficit of $12,000 per year. To offset this deficit, staff suggested raising bailment or fine for overparking which can be paid by forfeiting Nail at the current level of $1 per ticket to $2 per ticket which will enable the city to operate the enforcement program at a small profit. The Finance and Public Works Committee vote was 2 to 2, and it was unable to agree upon a recommendation. Speaking for himself, he felt that the question that should be resolved is whether the program should be self-supporting. Does the city isolate the parking program from all other city programs and say it should be self-supporting? Many programs are not. The second consideration is that while the downtown area which has the bulk of the enforcement assignment is mainly concerned about it. The other two shopping centers do not have parking asters, and the question is how to tie one to the other. The argument of the downtown busines3 people against raising the bailment is that it would place them at a disadvantage with Mountain View, Mec310 Park, and Los Altos who all have $1 fines for overparking. He felt it was important to pay attention to the downtown merchants' view of their competitive pceition in this respect. Soon the whole question et downtown meters will be studied. As long as that is impending, perhaps the status quo should be maintained. He noted that Council has received a letter dated May 24 from Mx. Syxb e, Parking Committee Chairman, Downtown, lnc. that asks that a parking study and survey be made of the downtown area and .aid for out of assessment district funds. Vice Mayor Norton said he thought this question should be studied in detail by committee. On the other hand, the staff revort recommends a survey be made of all three of the business districts at a cost of about. $10,004 and suggests the possibility that the general fond should pay this cost. He thinks these are valid questions that should be taken up by comeitte, but in the interim the bail should be left at $1, MOTION: Vice Mayor Norton moved, seconded by Pearson, that the bailment remain at $1. Councilman Henderson said he vas wondering if there was a suitable amount between $1 and $2. $1.25 would bring the City out even, and $1.50 would provide a enough funds to undertake the proposed survey. Mr. Desverel responded that staff favors the $1 figure becauee people often mail cash, and it is unacceptable to tail coins. Councilman Henderson asked about the importance of the survey. is it something that asst be :undertaken immediately, or can it be held oft until sore is decided about the downtown beautification situation and the possibility of eliminating asters. Mr, Deverei responded that two aspects speak to urgency. One is that this represents a long term commitment where the city has indicated that it would undertake the study and it has never cots to pass. Staff hoped, other statistics would be available from other sources but these never materialised in a usable manner. There is a growing occupancy rate in downtown az*d other ex*& t that increases efficiency of utilization of space and other features which aright be included that would improve the level of services of facilities. The eocoed aspect has to do with the downtown beautification project. Much work is going to proceed and if there is any opportunity for economy, it should be **glared as well as the need for clarification of the parking issue in the downtown area. It is time to determine whether the lots are being utilised as effectively as they might he. 4 6 6/25/73 Councilman Henderson commented that the argument that supports the staff recommendation is that parking enforcement is a direct benefit situation and should not be supported out of general tax funds. The deterrent to shopping downtown is the presence of meters and not the amount of the parking fine. He would like to find a way to eliminate the meters anti thus eliminate this competitive disadvantage. Meanwhile, parking enforcement should be self -funding. If Council votes against the increased bailment and supports the parking survey out of general funds, it seems Council would be producing a double subsidy fox the taxpayers. He asked Vice Mayor Norton if he proposed to make a motion to undertake the survey or was he saying to hold the fort for awhile. Vice Mayor Norton responded that it was his intention to make such a motion. Councilman Beahrs stated that he supports the S1 bailment pending ultimate studies and results of beautification and other efforts downtown. Me felt that these people were entitled to eome consideration because they generate 15% of the property tax in this city as well as a substantial portion of the sales tax. A $12,000 deficit is not overwhelming. He would be disposed to participate in the expense of the sue -ley, Councilwoman Semar. .stated that she felt that the perking er,forc4?_ment program should pay for itself. If Council decides to rubeidize overtime parking, then it should be a Council policy decisioe. She felt that the survey should begin and should not come out of general funds. She said she was prepared to make a motion to ask staff to prepare implementation procedures to change the enforcement hours so they begin at 9:00 a.m. . instead of 8:00 am. She asked staff if there would be any problem with doing that. Mr. Neil O'Meara commented that there have been some unfortunate incidents repotted to members of the Council where people were ticketed between 8 and 9 a.m. when there was plenty of parking available, In enforcing the lot regulation which states that you have one parking privilege not to exceed two hours in a five - hour period, it is important not only to establish that people were in a lot at a given time but also that they were not. Therefore, they establish that people were not in lots between 8 and 9 a.m. and therefore they can enforce it at 10:00, 11:00 and 1:00. This is the key to the lot enforcement program. a. He said that staff would prefer to handle it as an administrative matter as far as onstrset parking was concerned rather than change the regulation. Councilwoman Satan asked if staff were directed to prepare implementation procedures, could that be done as an administrative matter rather than an ordinance.. Don Douglas, Douglas Fabrics, University Avenue, addressed Council stating that increasing tt_e bailment to $2 is probably one of the worst things that could be done from the merchants' standpoint. Merchants do their utmost to bring people into the street and sometimes the city doss things to drive the public away. He presented a petition with the signatures of 142 merchants asking Council not to raise fines as has been proposed. Councilman Berveld stated that he urged Council to support the Vice Mayor's motion. He felt that when the the downtown area is willing to invest its moony for beautification and the city is willing to participate, that the city should not go the other way and decrease patronage. He wished that Council members would not talk about "subsidizing" merchants unless they were willing to apply that same logic to all the other expenditures the city makes. Downtown as a part of the city is just as important a part as any other part, and it is there to serve the people and not just to serve the interests of the business people. Perhaps it would be more accurate to say that Council would be subsidizing the patrons of the downtown area and helping to build a healthier city and increase the return to the city. Also the Downtown Association has proposed to finance a survey. Councilwoman Semen said she coanp'etely agreed, but what Council would be subsidizing if this motion passes is those people who break the law and park overtime --not the merchants. The problem that is a great burden on the merchants is the parking meters, and she agreed that they should be taken taut. Councilman aerwald commented that no bail has become a kind of way of life and it has not been proven it is too bad an idea. Vice Mayor Norton stated he felt it should be made clear that to support this notion would not be a subsidy of people who break the law. The staff recommendation is that the enforcement program pay for icelf. The people who break the law subsidize or pay for the enforcement program. If the staff reccr.'en:iation is upheld, the people who break the law will be subsidizing the enforcement fund< If not, the fines will fail to meet the cost of the enforcement program to that exte.t. The motion passed on the following vote: Ayes: Beahrs, 1a'erwald, Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum Noes: Semen Vice Mayor Norton commented that there are two very much related suggestions. One is the staff recommendation No. 2, on page 3 of the letter of June 21, which would authorize the staff to solicit a proposal. The other is multifaceted contained in Mr. 5yxbee's letter of May 24 on behalf of Downtown Palo Alto, items 1 - 6. Item 5 deals with the increased fine which has been dealt with. • 'ION: Vice Mayor Norton moved, seconded by Henderson, that item 2 of CM :785 s 3 and Mr. 8yabee's items 1.6 (except 5) of Downtown Palo Alto's letter of Hay 24, 1973 be referred to the Finance and Public Works Committee for study and recommendation. The motion passed on a unanimous vote. MOT/ON: Councilwoman Semen moved, seconded by Pearson, to direct staff to prepare implementation procedures to change enforcement hours to begin at 9 a.m. City Attorney Stone stated that if the motion passes, staff woul i interpret that as being a motion directing staff to work up the implementation procedures for the charge in the hours of enforcement with respect to parking meters, whether it requires resolution or ordinance, The actual implementation would not take place until further Council action. Councilwoman Semen asked if that would give the kind of leeway Mr. O'Meara asked for and Mr, Stone responded that the interpretation that he has placed on it gives that kind of authority and that wi 3. be reported on more fully in a report with res 'sct to implementation. 4 7 1 6/25/73 Councilman Beahrs said he would oppose the motion because he felt that Council should wait until results of the survey are in. He asked what kind of expense would be involved to resign the parking restrictions and maybe six months hence have to resign again. Mr. Deverel responded that that information would be presented to Council when the results of the assignment are brought back to Council for review. The motion passed on the following vote: Ayes: Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Semen Noes: Beahrs, Berwald Re ort Re Items Referred to Finance Public Wor caa Comm ttee Vice Mayor Norton commented that his memorandum to Council which was contained in the racket dealt with a r.umber of items which had accumulated on the Finance and Public Works Comittee's referral list which he felt had been dealt with or had grown stale. MOTION: Vice Mayor Norton moved, seconded by Beahrs, that Council remove the 5 items listed in the memo of June 21, 1973 from the Finance and Public Works Committee's referral list. The motion passed on a unanimous vote. Downtown Beautification and Lichtin City Manager Sipel commented that in reviewing this item there are a couple of things that should be kept in mind. First, Council approved the Concept Plan several months ago and the architect had proceeded with the development of final plans. If Council approves the pu.oject tonight, he will proceed with Ilnal drawings and specifications. Council will next see the project when the assessment district is ford, and at that tune the final cost estimate will be ready. He asked the architect to briefly review the plans and said Council should note that in comparison to the earlier plan, the only major difference is the replacement of the existing street light poles with new poles in new locations. The Planning Commission has also made a recommendation regazdi.hg lighting. If Council wishes to implement the Planning Commission's auggestion, this will take a separate motion. Hsi did not feel it would really impede the progress toward completion of the project. He stated that Mr. Deverel would also - like to make some rents regarding maintenance problem that will be encountered. Mr. Sipel introduced Mr. Al Stone from the firm of Rockrise-4dsrmatt-Hountjoy--emir. Mr. Al Stone commented that there was one additional paper that he would like to Glace in Council's hands for consideration to be discussed d after presentation. He introduced Mr. Ken Johnson of Johnson/Leffingwell and Associates and Mr. Ed Haag. 4 7 3 6,'25!73 Mr. Johnson noted that one of the minor modifications to the Concept Plan shown some months ago that was suggested at that time. The planners have since abandoned this idea and have decided on real brick at this intersections. They have maintained a pattern in the concrete in the crosswalk area. They felt that the real material is a more honest statement and in several of the corners where 8omanite was proposed, them: is already brick in existence. The se::eond change is in the lighting. They are now proposing all new fixtures and new lighting along University Avenue because of a conflict problem with the placement of the trees. With trees at regular spacing in the parking zone, they ran into problems with a tree existing where there should be a light standard or an uneven light pattern. They are able to finance these changes by a two foot reduction in the size of trees proposed. Mr. Johnson then gave a elide presentation of the proposals. Mr. Johnson then commented that the addendum which Council had just received contained Planning Commission Chairman Gordon's appropriate comments. The Planning Commission was concerned about the planted areas that exist next to areas where people sit that they be brought inside, and he said this can be accomplished within the budget. )le also said that designers feel the wall can be lowered slightly to answer the concern. Milk. Gordon stated that the Planning Commission met with Cor+ncil on one occasion and had two other informal meetings with the consultants: She said with great pleasure the Planning Commission recommends approval of this project with some minor concern expressed in the form of recommendations for modification of the plan, Regarding the recommendation that the consvltant be requested to consider the possthilit of eliminating all parking meters on the section of University Avenue involved in the project, she pointed out that the proposal originally envisioned that metering for two parking stalls would be combined so that the number of ureters would be reduced. The Planning Commission felt teeters would add considerable clutter to an area where a great deal of city expenditure, time, and energy is going toward trying to enheece the overall view of the area. However, they understood that some signing would be necesaary in order to designate the time limitation for parking there. This should be given careful thought so that the end result would be attractive. Regarding the street sweeping problem, Mrs. Gordon commented that Council may have noted in one of the details, particularly where there is a tree planted and an island in relationship to two car parking and then a tree planting bay, the original proposal had a space between the island and the curb. The city staff was concerned about this being a vehicle to collect leaves and trash. She felt that the consultant's addendum responded to this. Regarding the recommended additional studies on lighting, she said the Planning Commission had expressed a unanimous concern for producing a 3.evel of light relating to pedestrians and a pleasant level of light along University Avenue. The high level of .lighting auggssted by the consoltant would perhaps destroy the level of pedestrian relationship to lighting rather than creating an atmosphere that the. Planning Coa ission envisioned. They asked the consultant to respond to their concern, and it was in his response that the proposal for an additional study was outlined. Mrs. Gordon continued that one other minor thought was the proposal that the present bicycle racks would be revamped to be included in the present project. One of the problei a outlined is that there is a locking problem for real security with the present racks. It is something that Council might want to ask the consultant to consider further. 473 6/25/73 Assistant City Manager Deverel pointed out that increasing the number of plants in the area would require considerable maintenance for watering, tree trimming, etc. There will be added costs to do this. Staff is in the process of developing an estimate and undoubtedly there will be some additional street sweeping requirements because of the configuration of the curb and because of the trees. Leaf fall will be greater than it presently is. Staff anticipates there may be a sidewalk sweeping problem: The present ordinance requires property owners or merchants to take care of their own and remove the trash swept from sidewalks. This will be a growing problem with the large volume of leaves. These are added coats which Council should recognize. City Manager Sipel suggested two motions would be in order if Council wished to proceed. One would be along lines of approval of the final design excepting lighting and preliminary cost estimate of $588,400 that would incorporate all of the final design planar as well as the addendum that was presented relating to curb -tree islands in the amount of $23,400, The second motion would direct the consultant to prepal s two additional studies on lighting. He felt that the recommendation relating to the bench -walls had been complied with by the consultant. The recommendation relating to elimination of the parking meters will be the subject of Council consideration within the next several months. Until a decision is reached staff would cave an understanding with the consultant to do the best job he can in signing the area in accordance with suggestions in 4B. Regarding street sweeping, he thought that the solution was embraced in the curb -tree islands that will cost an additional $23,400. With that additional expenditure, however, the saving is likely to be in the neighborhood of $7,000-$8,000 per year in maintenance costs. Councilwoman Pearson referred to the Planning Commission minutes dated Jun; 13, 1973 omd the discussion about the size of the trees that will be planted. She said it sounds great, kept they are going to be 15-18 feet high with a spread of 68 feet in about 10 yrara. She said her problem is that there are trees which have bee- there for 15 years and they have struggled to get, where they are: She thinks they look pretty good. She assumed that if this program is approved, all those satiating trees will be taken out and in their place will be put these 24 inch and 30 inch box trees. She wondered what she was going to see on University Avenue in the beginning, what it will be like in the first year, and what will it be like without the privets. Planning Commissioner Gordon said that in a similar way the spacing midblock was ebout 48 feet. There will be two parallel ctr parking spaces and than a tree. There is quite a bit of difference between the spacing taidblock between the proposed trees and those at the intersection. She said she looked at some of the residential trees where there are London plane trees and sycamores planted, and it appeared that they :were at 25- 30 foot spacing. With ultimate growth at that spacing they interlock and get a complete canopy. Mr. Johnson said that they were avers of the situation of going 48 feet apart and would like to plant the trees closer but it would wipe out the parking spaces and that is why they put a tree every two spaces. The trees will gat larger at a very rapid rate. There axe some streets in Palo Alto which have very old London plane trees which have grown together. It is going to take awhile. They feel that the street needs some uniformity and they would like to see winter light let in. It is the only tree on the market that they can get enough of ono sine. 4 7 4 6/25/73 Councilwoman Pearson said that a 3 -inch trunk is not very big. She would favor leaving as many of the present privets as possible. She said she also has some qualms about uniformity. Until these trees become of a size where they have an impact in downtown Palo Alto, the privets should be retained to have a green look and a canopy appearance. She said she was concernad about the consultant's statement that the trees would grow out over the street. There is a problem with deliveries. The residential streets do not have a delivery problem. She asked how far over the street they would be allowed to go. Where is the canopy coming? She asked if there would be a conflict, between privets and the London plane trees. Mr. Johnson responded that there would be an immediate conflict. The London ,plane trees are on a regular spacing and the privets - are some on regular spacing and some on irregular spacing. They vary in size. One of the things that the consultants were trying to do in the street tree program was to get a high branching tree that w4oule clear the delivery situation. These trees can be selectively trimmed. As far as spreading out over the street, they initially stated that they wanted to get a canopy of trees over the street as well as the sidewalk area. They want the trees to branch in both directions. He said he could no': give a precise definition of the growth per year of the trees. It will depend on maintenance and care in the downtown area, He said that he got the impression that Councilwoman Pearson's c font about uniformity dealt with the trimming uniformity, but what they were talking about is a single type of tree going dcr.€-n the street, There is variety in the architecture, and one eimp.le stricture will unify or tie it together. Councilwoman Pearson asked if some attempt would be made to save the privets that are taken out. Kr. Deverel responded that stuff looked at the possiblity of scving the trees and there are substantial problems : It would cost about $250 per tree to salvage them because it would require oval of a large section of sidewalk. Also there is a fairly high mortality rate and quite h;.gh labor costs in order to get the tree out. He said that staff has no; recommended it at $250 a treee. Councilman Seabee said he was concerned about cost of maintenance as described by Mr. Deverel, He naked if any consideration wore given to a regular mix of conifers in addition to these deciduous trees. He said that Councilwoman Pearson is concerned that there will be an area downtown that is lacking green cover at least four months out of the year. He said he is perfectly happy with what is proposed but he wondered if anything else had been considered as a possibility. Mrs. Gcrdon indicated that other alternatives were not discussed. Councilman 8eahrs said that he was not in favor of ssalvaging the privets which he agreed ars ugly, art he wanted to ask regarding the paving effects. He thinks that brick is beautiful, but he did not underuttasnd from the descriptions how extensively it is to be used. Is it only for a birder effect or is it to be used for a pathway? If it ire to be used as a pathway, he was not at ail happy with what he sees on market Street in San Francisco. It is difficult to keep clean and traction paths ter in it quickly. Kr. Johnson said that the brick beaicaily waste in its largest field patterns at the flour sa j or intersections. The only other brick is a visual connection for a tie together all along the curb lines connecting those intersections along both sides of University. 4 7 5 6/35/73 It is basically decorative in effect. Those areas are also usable in that they are seating areas and contain the strongest indication of planting downtown. A hard and durable kind of brick can be used. Councilman 8eahrs said that the brick or► Market Street after a year or so of use shows noticeable wear. Scott Carey, 150 University ;venue, representing Downtown Palo Alto, Inc., said there is a great sense of unanimity with respect to the recommendations from the Planning Commission and its amendments, particularly 4A to which they have no objection. With respect to 413, they have no exception except as outlined in their letter of June 19 to Council. If it were to unduly delay this project, Downtown Palo Alto would oppose its inclusion at this time. It seemed teat the project could be continued and at the same time take up the question of parking meters because a great deal of work can be done without resolving that issue. With respect to 4C, he said he had a personal comment. The extra cost of street sweeping; if these particailar treea were to he utilized is basically the same argument as the excess cost over revenues of parking meter income, This cannot sae analyzed in a vacuum: The profits or lack of profits of parking meters - the profits or lack of profits of trees both to the city and shoppers and merchants all relate Bald to consider the extra coact of street sweeping or tt,e deficit spending in parking meter collection is not fully analyzing it, because the beautification project should improve the value -tnd the es:.::ctics and the visual impact of the entire city, not just tho downtown< It should encourage people to core downtown and enjoy themselves and shop: If they do the latter, the city will recover this increased cost in additional sales tax revenue. Finally, regarding 4D Downtown Palo Alto's position with respect to lighting as outlined :n their letter of Juno 19, he supports that recommendation if it does not unduly dolay the project He reminded Counc?.1 that this project has been going on for sane time ar.d the bulk will be paid for by the private citizeeixyt therefore, it is important to keep their ancouragemen : at the level it has been in the past several months. Be seed that the privets were discussed at great length in the Planning Commission meeting, axtd he would hate to see Council fall into the saw trap. If the new trees are 14 feet Le height, they are probably taller already than most of the trees in downtown Palo Alto. He did not feel the proposed trees would add any extra burden to the deliveries. A person care of walk under many of the present privets. He said that Council would not find many people working in downtown Palo Alto who support the privet:. In response to a question from Councilwoman Sear s, Mr. Carey indicated that the planning consultant for Downtoen Palo Alto, Inc. was working in cooperation with the RC* A company and that there hzd been an interchange of ideas. Valerie Good, 239 CeNper, addressed Council regarding the availability of an industrial vacsus, that is eoa sthing like a lawn sewer that might solve sone of the street sweeping problems. She also asked if any thought had been given to levelling out the edges of the curb and variegating the pattern in the cunt approximately three feet before the end of the curb pro that blind people would know that they are almost to the street. 'prily Raens,l, 1056 Forest, said she was delighted that the City is going to be putting in London plane trees= however, they 4r. deciduous and if there is to be green downtown in the winter, scree other kind of tree will have to be provided. She urged selectively retaining the privet trees. Councilwoman Pearson stated she thought that Emily Reneel should be commended for what she does at Lytton Plaza in downtown Palo Alto. She waters the trees and keeps them green. Councilwoman Pearson said that council is constantly being told that the bulk of the beautification project is being paid for by downtown merchants. The real teat will be when the aisesement hearings are held. She said that the day downtown Palo Alto attracts so many people that the brick wears out, the merchants will be dancing in the street. MOTION: Councilwoman Pearson moved, seconded by Beahrs, that Council accept the following recommendation of the Planning Commission to approve the downtown beautification and lighting project as proposed by Rockxise-Oderaiatt-Mount joy -Arnie with the exception of lighting, and that this is to be at a cost of $588,400: A. The bench walls be reduced in height, or that some ogler solution be found so that people sitting can see the greenery and have a sense of space; and that, wherever possible, another bench be placed perpendicular to the main bench, H. The consultant be requested to consider the possiblity of eliminating all parking meters on the section of University Avenue involved in the project, keeping in mind the poasibls necessity of alternatively signing it in Gone way without disfiguring the layout; C. The staff be given the flexibility to negotiate with the consultant to find a reasonable and economic solution to the problem of street sweepi.r.,, Councilman Henderson asked for a review of the $598,400, and City !•imager Sipel said that the budget for construction is $555,000. $240,000 in addition to that is construction for utilities systems, The remaining portion is in architects' fess and other related project expenses, expenses for city forces, and a modest contingency of about $75,000. Of that $75,000, staff hopes that some of the $23,400 additio:, ca.r. be derived from that count. The source of the funds will be about half from the city and about half from downtown merchants. AMENDMENT: Councilwoman Pearson moved, seconded by Norton, that the project be amended to provide that the privets be selectively retained on University Averi+.e. Councilwoman Seman stated that it seemed to her that the goal of beautification is the same -dither you are for or agairiat the privets. Everybody wants what the London plane tree will giv=e in ten years. She dies not see why there needed to be a Council policy on tearing out trees when one can see by looking at them which ones will not interfere, She felt that the privets should be kept on a temporary oasis and taken out later. Mr. Ja son said that he could not list tree by tree which ones would have to be rived at this point. He said that they really feel that the privets are a shrub on a stick and they are not grown as trees. The consultant would like to see a strong singular statement of trees and they would like to remove the privets. In the long haul this will prove the most successful way to proceed. To leave the privets in now will afeke it more difficult to get them out later, and the scheme will never be in totality. Councilman Henderson said that he was impressed by the array of tree experts. He asked Mrs. Gordon what she contemplated. sples she assuming the sycamores would be in as designed and saying 4 7 7 6/2S/73 that some privets could remain. He asked if there were any concept of how many could remain and not interfere with the new trees or look out of place, Mrs. Gordon did not know the number involved, and Mr. Johnson confirmed that there were some fifty privets on the street. He thought that they were talking about three times as mr.ny trees being planted as are presently on the street. Vice Mayor Norton asked for Mrs. Gordon's reasons. He asked if it were clearly her position that she w.7uld welcome a phasing out rather than removal of the privets all at one time. Mrs. Gordon responded that even though there may be certain given heights on a new box tree; it really is a young tree and dose not have much density; so she thought to state it fairly you do not achieve the same kind of impact even though there are twice as many trees. She felt that there could be a selective elimination of some of the privets as the project is embarked upon and at some later date, the remainder could be removed, or it could be done on a gentle phasing every two years. Vice Mayor Norton asked if she would agree that once the sycamores are in and mature, the privets should come out and Mrs. Cordon responded that she thinks it is going t.o take a fair length of time and assessing the age of the sycamores along Newell which must have been installed about the time the subdivision took place about 20-25 years ago, They are joining in a canopy at about 30 feet. It will take awhile to achieve the picturesque view of the canopy over the street. Vice Mayor Norton asked if she peraonal,ly feels comfortable with the sycamore tree or if she would rather have a pine or evergreen or some other kind, and Mrs. Gordon replied that she thinks the sycamore is a handsone tree and that all trees have their problems. They make a tremendous contribution along Alma street,: It is true that it is difficult to find sufficient numbers in the size that is desired. Her consistent position has been that they could function reasonably well, the deciduous and the evergreen with careful pruning, Councilman Healers said that he found it difficult to be enthusiastic at the thought of salvaging the privets, because they have been described as ugly. He felt that everyone would agree that Palo Alto's more attractive streets are those which are uniformly planted with one tree type, When ore thinks of the bodge-podge that will exist if the privets are retained, he could not support it and he felt that the privets had no redeeming quality. Councilman Clark said that he mould quickly say that the city wants a new look. Downtown does not want the privets; the Planning Commission did net want the privets on a 5-2 vote and he hoped the Council would • ote no. Councilwoman Pearson pointed out thet the privet trees have been pruned to avoid the trucks and have been devastated. They can be handsome if they are done properly. She urged selective retention. The amendment failed on the following vote: 4 7 8 6/25/73 Ayes: Norton, Pearson, Semen Noes: Beahrs, Berwald, Clark, Comstock, Henderson, Rosenbaum Tho motion passed on a unanimous vote. MOTION: Councilwoman Semen moved, seconded by Comstock, that Council adopt the recommendation of the Planning Commission that the consultant be engaged to do teo additional studies on lighting, both schemes to provide in the range of one to two foot candles= one scheme would concentrate on a higher level of lighting at four plaza intersections with pedestrian scale lighting midblocki the other scheme would attempt to light more evenly at the lower level along the length of University Avenue without trying to raise the level at plaza intersections. Councilman Henderson commented that he thought that he remembered from the architect's notes that they needed about $5,000, and Mx. Sipel said that he would suggest that the amount of funds be eliminated from the motion of the Planning Commission. Councilman Henderson thought that it would be better to put that maximum in the motion. AMENDMENT: Councilwoman Pearson moved with the approval of second, that the notion include a maximum cost of $5,000. The amendment passed on a unanimous vote, The motion, as amended passed on a unanimous vote: City) :-tanager Sipel informed Council that staff has been working on this for sometime and intended to case hack within the next two months to report on the subject of parking meters. It was agreed that the subject of retention of parking meters and the staff report on it would be referred to the Finance and Public Works Committee when it is returned to Council, Human Relations Coss siss ion' a Recommendation at ons or . a Went Cn axes Assistant City Manager Walker advised Council that the ordinance requires that regulations be adopted by the Council by resolution. Because of the time problem, staff is asking for Council to indicate what regulations it wishes to adopt so that staff can prepare the resolution for the next meeting. MOTION: Mayor Comstock moved, seconded by Pearson, that the recommendations of the Human Relations Commission be incorporated in the proposed regulations and that staff be directed to prepare a resolution containing them, Councilman Beahrs asked the City Attorney to refer to the regulation regarding the inquiry list and said that the first paragraph reflects concerns that he had expressed throughout the entire prroceedings, It says that a person inejuir.ing about the availability "may be requested, but not required, to show suitable identification.' His understanding of the law is that entrapment is not much favored by the law, and he would like to know what happens in 479 6/25/73 the case where the owner insists that the inquiring person suitably identify himself, He said he would not be comfortable to negotiate a contract with an unidentified person and would not at all favor this rule as set forth. What would happen if the manager refuses to deal with a person who does not identify himself? City Attorney Stone responded that if the inquiring parson does not show suitable identification, the apartment manager would be free to refuse to show the availability list. Councilman Heaters stated he would hope that the minutes show that. Councilman Clark said that he would like the record to chow that he was still opposed to this whole matter of licensing but that he was voting for this motion because it is an improvement over what Council voted on before. Councilman Serwald stated that he was going to vote against the motion. While he feels the Human Relations Commission has done a fine job, he consistently opposes the ordinance, because he feels that it is not justified and will not accomplish what it is intended to accomplish. The motion passed on the following vote: Ayes: Clark, Comstock, Henderson, Pearson, Rosenbaum, Seman Noes: Seater$, Berw,xld, Norton Santa Clara Count Transit District: SiMrtittranUeritialrellrICTRT78is3) City Manager Sigel stated that no action is regaired on this stbject. The report was for Council's information. ordinance re FEE Gas Line Easement MOTION; Mayor Comstock :introduced the following ordinance and moved, seconded by Rosenbaum its approval for first reading: ORDINANCE OF THE COUNCIL OF THE CITY G'' PAID ALTO ENTITLED "GRANTING AN EASE' TO ?Acme GAS ELECTRIC CCMMINY FOR UNDERGROUND GAS LINE PURPOSES . " The ordinance wa.e adopted for first reading on the following vote: Ayes: Mehra, Sher, Clay, Comstock, Henderson, Berwalda ) orton, Rosenbaum Noes; Pearson (Council recessed from 10105 pm to 10:20 pm) . Service Marta went S steae - oval of Consuitin Contract i s MOTIOMs Cosancilatian Baehr. moved, seconded by Comstock, that the mayor be authorised to execute a contract with the firm of Soot -3.11*, Public Administration Services, Ino. for the purposes of providing assistance in the development of a Service Management System for Palo Alto. Councilwoman Pearson indicated that she would vote against the motion, because it is not the way she would like to sae money spent with so many other priorities. The emotion passed on the following vote: Ayes: Beahrs, Berwald, Clark, Comstock, Henderson, Rosenbaum, Sean Noes: Norton, Pearson Select System Streets (CMR 783:3) Councilman Clark introduced the following resolutions and moved, seconded by Henderson, their adoption. RESOLUTION NO. 4777 ENTITLED "RkSOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO FINDING THAT 90 PEA OR MORE OF ITS SELECT SYSTEM OF CITY STREETS HAS BEEN CONSTRUCTED." RESOLUTION NO, 4778 ENTITLED "RESOLUTION OF THE COUNCIL CF TH.1.2 CITY OF PALO ALTO RECOMMENDING ADDITIONS OR DELETIONS TO SELECT STREET SYSTEM.' Responding to a question from Cot,,ncilwoman Pearson, i-:r. Deverel indicated that Willow Road is not included and, assuming Willow Road is completed, it could be added to the Select System of streets. Also, there are no contemplated planned streets include in this resolution. The resolutions were adopted on a unanimous vote. Security SeFrvices Contract (Clef: 772:3) NOTION: Councilman Henderson moved, seconded by &erwald, that the Mayor be authorized to execute a contract with Globe Protection, Inc., on behalf cf the city. Coanailasaa: Clark .noted that the security services contract saes to be with different firma each year As it cam up for renewal, and ha wondered if this were in the city's best interests. Mx. Clayton Brown responded that in many cases it is the same people who change firms. The personnel do not change and are familiar with the operation. It is a change in the company they work for. In response to Council .1 Pearson'a questions but the annual coat, City Manager Sipel indicated that the cost was about $12,000 four or five years ago before city staff moved into thi * ulldisag, because the contract included the Municipal Service Center. After that Rinvo a Par"w and Mitchell Park and the old City Hall area were added. The cost took a radical jump when the Civic Center building was first occupied, and since than it has been gradually cut back. The motion passed on a unanimous vote. 4 8 i. 6/25/73 Employee Retirement Program: n Mie rimer w`WreR': 8 S : 3 ) MOTION: Councilman Clark introduced the following resolution and moved, seconded by Norton, its adoption. RESOLUTION NO. 4779 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF FAIO ALTO OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' r RETIREMEEM'v'T SYSTEM AND THE CITY COUNCIL OF THE CITY OF PALO ALTO . " The resolution was adopted on a unanimous vote. Titan Trans portacti cn Commi__ion Pro_ sed Ra Tonal Mayor Comstock stated that it was his understanding that the MTC had a meeting scheduled for Wednesday of this week at which they are going to review this plan and staff has made some comments and suggestions as to possible responsee by Council to this report. He asked if this MTC meeting were going to cover this plan and the subject of the bridge, City Manager Sipel responded that staff understands that the general concept of the plan will be discesced, but the Dumbarton Bridge item is not upecifically on the agenda as a ser3axate item= The staff at MTC did r.ot know of a move to bring the project back to a Category 1 status, but anything can happen in a public meeting: so staff is not assured that that information will come to pass. He suggested that tha Council try to deal with any general and specific issues it wished and staff would get the material to MTC for the Wednesday meeting. Mayor Comstock referred to the recommendations in the City Manager's report and said that he was struck by 1 and 2 as both being worthy of support and he a ked if Mr. Sipe' saw any conflict with that kind of action. Mr. Sipel responded that he set it up that way and that even a portion of the third recommendation could be incorporated. He believed that the plans need to receive meticulous review, and perhaps this could be done by the Planning Commission in the next few months. Mayor Comstock referred to the colored map attached to the Plan, entitled "Misting Approved Facilities." It shows in the Palo Alto area a 1axge employment area which covers acme of Page Itt11 Road all the way up to Foothills Expressway and beyond to 280 as a basic employment area. He asked if he were reading the, map correctly or was he seeing an overst.te.raent of anything he understood to be planned in the area. Planning Director Ifnox replied that it is indeed an overstatement. In April he received a letter from ABAG asking the Planning Department to review this plan. A transportation system was overlaid and +.he city was asked to view the plan for conformance with its own plans. In his reply he noted that the area shown for Palo Alto was not correct. The area was reduced on a sketch snap and sent to them. Mayor Comstock commented that it would be appropriate to send a copy of that response to the MTC along with the city's response to them on this entire matter. Councilman Rosenbaum commended staff for its summary of the report. He said that in looking over the recommendations he preferred No. 3. He thinks there is a great deal in this report that should be looked over carefully, The MTC is growing restive with its current position of merely being able to review projects and is looking to become an implementation and operating agency. It is going to the state to ask for revenue sources. The cities are going to have be careful about who controls these revenue sources and what power MTC has over transportation. He thinks th.'t is a subject the Planning Commission should look at and also a Counci). committee. He said he had in mind referrals to the Planning Commission and Finance and Public Works Committee rather than reacting to any one or two specific items. Councilwoman Pearson agreed and said that there is a tremendous amount of material that should be reviewed by the Planning Commission and Finance Committee. She thinks that Council is being forced to react quickly and should take the same position as it took on the Dumbarton Bridge and keep making that statement clearly. it is very significant that the environmental impact statement is being published one day before the public hearing on the whole plan. This should be protested before the MTC that there world not be time to react in (MO day. MTC. shcu.ld hold further hearings before they adopt the final plan. She said she would go along with reacting to staff's recommendation No. 2 and adding to it a protest regarding the quick hearing following release of the environmental impact plan and also she thought this subject should be referred to the Planning Commission and the Finance Committee. She would also refer to the two c' rittees the Industrial Traffic Committee of the `Ienlo Park Chamber of Commerce report which is in favor of this kind of bridge and allow the Planning Commission and committee to check out the terrible conclusions they care to, MOTION: Councilman Rosenbaum moved, seconded by Pearson, that the MTC plan be referred to the Planning Commission and the Finance and Public Works Coamni.tteo for review. Councilman Beahra stated that he would support the motion but he also agreed with Councilwoman Pearson that he would like to have these people hear Council's howls :n the Dumbarton Bridge approaches and also the findings of the Menlo Park Chamber of Commerce which are rigged. He said this is so long delayed that Council must be heard immediately on these ether points, Councilwoman Sewn asked if she were correct that there is a transportation element in Palo Alto's own comprehensive plan. She asked how this would relate to that and said Naha was thinking of the work schedule of the Planning Commission. Planning Director Knox said he did not anticipate any achedul ing difficulties. Councilman Rosenbaum commented that the MTC is open to changes suggested within six months and Council should make recommendations in that time fry. The motion passed on a unanimous vote. MOTION: Councilor mars Pearson moved, seconded by Henderson, that the Council reaffirm its position regarding the Dumbarton Bridge replacement and the approaches; reiterate its support to the MTC Authority over the Bay toll revenues and its emphasis on the balanced regional transportation concept and proposal tc r the i 8 3 6/25/73 dweelopment of a regional bicycle route system; that Council protest the precipitous action expected to be taken on appro•;ing the plan when the Environmental Impact Report (EIR) comes out one day before; and that Council support their placing the bridge in Category 2. Councilman Berwald said that he understood the environmental impact statement was the only element of the plan that was not approved and that it was referred to the Work Program Committee and would be coining back from the Work Program Committee for analysis. He did not think the action had besn precipitous yet. City Manager Sipel said that he understood that the Envircnmental Impact Report that would be completed within the next day or so is the one that relates to the Dumbarton Bridge. The one relating to the total plan will not be ready until December 15. Councilman Beahrs stated that he sepported the motion, although there are some elements of it which go beyond what he considers proper.. He said he did r.ot oppose the development of the bridge but he has always insisted it :mould not be approved unless Menlo Park comes to its senses and realizes the needs of the whole area require the Willow Expressway. He said he still looks forward to controlled development which could eventuate the implementation of this idea. Council should not approve the bridge or its approaches when there iS the horrible traffic problem unless there is some relief promised. The motion passed on a unanimous vote. Councilman 3erwaid asked if someone were going to appear at the hearing, and Mayor Comstock responded that the communication would be made by letter: Councilman Eer eld said that he knows that there are some strong feelings abut Dumbarton Pridse and perhaps about some other parts of the study. On the other hand MTC has worked for long time on this problem. They have corm, up with a regional transportation plan, imperfect, tentative, but a tremendous job. He hoped that the city would write a letter which begins by thanking those who have worked on this for so long. He said he has attended the last three meetings at BART headquarters, and it is evident that there is a tremendous number of dedicated, intelligent people. There has been ample opportunity for people to count and hearings have been well dispersed throughout the area. He would like to see the city in a statesmanlike way comment and extend its thanks and express appreciation. One of these days the staff and the board nay be a part of the regional government and the staff will carry on under the auspices of a larger regional government. The city should give encouragement to the responsible work that they have done Mayor Comstock stated that he would try to see that it is a reaaonable letter. Use Permit Shell Oil Coat n , 360 Antonio Avenue ton L -M -S -D Mayor Comstock commented that Council had received a letter from Mr Isaacson of Shell Oil Company requesting that the application which was continued from March 26, 1973, be withdrawn. HO1ION Mayor Comstock moved, seconded by Norton, that Council accept withdrawal of the application: The motion passed on a unanimous vote. PaLo Alto HousintContracct (CMR:771:3) Vice Mayor Norton commented that the recommendation of the Finance and Public Works Committee is essentially continuation of the contract for another year at the finance level of $10,800 with minor modifications recommended in the scope of the Housing Corporation area of concern. These modifications follow essentially staff recommendations for assigning certain areas of what the Housing Corporation traditionally has done to city staff now that there is some housing expertise on the city staff and other more traditional functions would be left with the Housing Corporation. MOTION: Vice Mayor Norton moved, on behalf of the Finance and Public Works Committee that Council approve the contract with the Palo Alto Housing Corporation for 1973-74, with the following modifications: A. Add as Items. 6, under Second Priority of Recommended Scope of Service in staff report of April 12, 1973 (CMR:670:3) the following: "Respond to requests for housing information." ,'3: Add as Item No. 7 "Continue a Grogram of education on low to moderate income housing.' C. Remove the words "First Priority" and "3ecord Priority." Councilwoman Pearson referred to her memorandum to Council dated June 21 and a further memorandum dated June 25 regarding the Hou..ing Corporation contract: AMENDMENT: Councilwoman Pearson moved, seconded by Henderson, that page two of the contract under No. 3 --Duties of the Consultant -- be amended tc and a new item 8 "Conduct at least one meeting per month at night after 7:00 p,m. which shall be open to the public." Councilman Searrs commented that Councilwoman Pearson had brought this idea up .before, and in many respects it makes sense, but unless you can control the agenda, what is the use? They can have a meeting with no agenda. How is Council going to control the agenda? Councilwoman Pearson replied that they can meet and do what they are supposed to do under Item 7 which is conduct a program of community education related to completed and proposed low/ moderate income housing projects. To her it seems that to carry out the spirit of the contract, the Housing Corporation should hold public meetings at least once a month. She Mould hope that they would enter into it with the idea they are going to educate the people and let people know what they do. Low income housing affects all the people and at rimes certain neighborhoods. The Housing Corporation should be doing things that mace people knowledgeable about what they are doing. It would be poor public relations not to have anything on the agenda. Councilwoman Sin coated that she was in sympathy with what Councilwoman Pearson was trying to do, She thought the Housing Corporation could better continue the program of community education by having one meeting at night, but it bothered her to put such a clause into the contract, 4 8 5 6/25/73 SUBSTITUTE AMENDMENT: Councilwoman Semen moved, seconded by Beahrs, that Council request that the Housing Corporation hold at least one board meeting per month at night after 7:00 p.m, which shall be open to the public. Further, all meetings shall be listed in the Schedule of Meetings the city publishes and request that the Housing Corporation report back on this experiment in December. Councilman Clark said that in discussing this matter with Mr. Duckstad, he got the feeling that the Corporation intends to have. such open meetings when they have a reason. It might be twice a month and it might not be more often than every three months. He asked for a response from Mx. Duckstad. Mr. Eric Duckstad` President, Housing Corporation, indicated he would like to divide his reply into his thoughts as president of the board and his personal feelings. Speaking as president of the board, he read again the_Housing Corporation letter of January 17 on this topic. The letter stated that because of the great number of night meetings already scheduled it would be difficult, if not impossible, to establish a regular Monday through Thursday time for Housing Corporation's meetings. Also, it was definitely not convenient for a number of the directors to have to attend still one more evening meeting. Nevertheless, if Council felt this was a vital ingredient of the Housing Corporation's consulting role with the city, the Housing Corporation would try to arrange for a night meeting of the board. Speaking personally, he said he agreed that it would be preferable to hold night meetings if there were was something of importance to talk about to the community. However, there is no sense in having a night meeting to discuss things that no one in the community would be interested in, Councilman Berwald indicated he would not favor the passage of either motion because he feels that they both go into an area that is not covered in the contract to tell the Housing Corporation how they are going to go about performing '-.heir duties. If neither motion passes, he would be prepared to modify item 7 and make it a little broader to say the Corporation should conduct ongoing community education and communication related to the duties of the consultant, including completed and proposed low/moderate income housing projects. Those words would tell the Corporation what you expect them to do and let them decide how to do it. Councilman Henderson stated that in the course of a year, he had moved from his original position of supporting the meetings held in the morning. This change in feeling has been accentuated the last few weeks because the meetings have been moved to three different meeting places. On two occasions he was notified the day before the meeting, which further eliminates the possibility of public participation, adding that to the 7:CO a.m. time. He did not know how they wouli judge what agenda items would be of interest to renbers of the public, Rn of the Housing Corporation items that cede before Council are discussed at -the Housing Corporation level. -#e said that he was opposed to the subetitute motion and supported the original motion. Councilman Beahrs said that he supported Councilwoman Sun's motion because he understood that she expected her substitute tr ction would result in actions as described by Mr. Duckstad. In other words, the Housing. Corporation wmIld hold an evening meeting when they had something meaningful and of general interest to the public on the agenda He asked when the Corporation had anything of interest to the public, how many people have attended. He said he would hate to see the board holding meetings at the conveni*nce of three or four ,;zeople. 1 1 1 t 8 6 6/25/73 er. Duckstad responded that on the average, including Planning Commission and City Council persons, they have three or four visitors per meeting, but he felt that in fairness to what Councilwomen Semen and Pearson said, generally speaking their agenda is not something that would be a five-star winner. Councilwoman Seaman stated that she would really like to persuade Council to vote for the substitute motion. She felt that the Housing Corporation does have agendas that are of interest to the public. She said she attends and finds all sorts of interesting and infcrmative topics at every meeting. She thought it would be appropriate to have the meetings where more people could hear this everyday discussion which relates to all aspects of the housing problem in a nitty-gritty fashion. Councilwoman Pearson said that 7:34 a.m. is not a public meeting. It is not unusual to require a consultant who is paid by the city to hold public meetings. The public needs to know what the Housing Corporation is doing and how it conducts its meetings. There are hundreds of rooms in Palo Alto where a meeting could be held. Regarding the "busybody" audience, she said it is often truly only one parson who saves the city from things the city should net be doing. She can remember when she was that one person. She urged Council to vote against the substitute motion and to vete for the main motion. The substitute amendment failed on the following vote: Ayes: Beahre, Rosenbaum, Semen Noes: Berwald, Clark, Comstock, Henderson, Norton, Pearson The amendment failed on the fallowing vote: Ayes: Henderson, Pearson, Rosenbaum Noes: 'Mehra, Berwald, Clark, Comstock, Norton, Sin AMENDMENT: Councilman Berwald moved, seconded by Clark, to amend item 7 of the contract to read as foli,wws: "Conduct ongoing public education and communication activities with the community, including periodic public meetings on matters related to low/ moderate income housing plans and projects." The amendment passed on the following vote: Ayes: Beahra, Berwald, Clark, Henderson, Norton, Pearson, Rosenbaum, Semen Noes: Comstock AMENDMENT: Councilwoman Pearson moved, seconded by Semen, that on page 3 of the contract, under No. 5 --Release of reports and information by the consultant, line 6, after the s rda "Project manager" add the words "or the City Council." Vice Mayor Norton commented that the effect would be that if the eject manager denies that information, the Council could overrule him. planning Dire for xnox started that he is the project rtarager in this contract. He works for the City Council, and if the Council directs the project manager to wake reports available, he would 4 8 7 6/25/73 do what the Council says. He thought that the additional language was unnecessary, and the section reads properly and correctly as a contract should. The amendment failed on the following vote: Ayes: Comstock, Henderson, Pearson, Semen Noes: Beahrs, Berwald, Clark, Norton, Rosenbaum AMENDMENT: Councilwoman Pearson moved, seconded by Semen, that on page 4 under nondiscrimination strike out the word "or" before "religion" and add ", or sex." Vice Mayor Norton asked City Attorney Stone if this is not repetitious of the existing law, City Attorney Stone responded that it is true that existing law states that you may not discriminate on the basis of sex. That is not in the city's standard nors.iscrimination clause, however, and Councilwoman Pearson is correct in adding that in the sense that the other discrimination prohibition is also covered by existing law. The amendment passed on the following vote: Ayes: Berwald, Clark, Comstock, Henderson, Norton, Pearson, Rosen Baum, Set n Noes: Beahrs AMENDMENT: Councilwoman Pearson moved, seconded by Henderson, to amend the contract by adding to item 10 after the first sentence ending, "performance of the consultant hereunder," the following sentence: "Consultant further covenants that ;'o member of the board has, and no future member of its board shall have, any interest and that if at any time the board should determine that any of its members has such an interest, the board shall request the resignation from the board of such member." Also, to add under item 10 a new paragraph at the end: "For the purpose of the preceding paragraph, ownership or control of any property within the City of Palo Alto that the consultant has under consideration (or previously had under consideration) for use for low/moderate income housing shall be deemed to be an interest which would conflict with tlee performance of services hereunder." Councilman Berweld stated that he found that difficult to enforce. He did not know how anyone could ;.ell know whether a present board :ember eight have some interest in the future or whether a board der under consideration might :save some interest in the future. The second part is terribly broad, and there are situations where a person perhaps could be a trust officer, and here is a consulting agency, obviously made up of people who have something above the neck in profesuional expertise, and not just an assortment of people who have ideas and no expertise, and that person could not serve on the Housing Corporation. He sugg eted that if Council does not wish to approve this contract tonight to remember that there is a conflict of interest referral to the City Attorney, and perhaps his report back to Council will have some suggestions on consultants, also. 4 a e 6/25/73 Councilman Rosenbaum stated that he had not realized before that the Housing Corporation has in their bylaws adopted something to do with conflict of interest. This, as he recalled, was what the Council select committee recommended, and it was voted down by the Council, but the Housing Corporation saw fit to adopt it. It covers the situation as he would like to have it covered. It is pretty much what the Council and the Planning Commission do. To go to the broad language in Councilwoman Pearson's amendment may be going too far in limiting the types of people who can serve on the board. He felt that it was aimed at Mr. Keller. Councilman Rosenbaum had hoped that Mr. Reller would have resigned by now, but h• has not, but he did not think that an amendment of this sort should be a part of the contract. Councilman Clark stated that he was against the amendment. Vice Mayor Norton stated that he was a member of the select committee and during discussions it was developed rather persuasively that thsre were afire areas where Council did not want to disqualify members of the board fry engaging in minor kinds of activity which might save the beard and the city honey. Councilwoman Pearson's recommendation would se2:s to be interpretable to prohibit some of the present minor activity. Counci)rzxn Henderson stated that he really resents it that. Mr. Reller puts the Council and the Housing Corporation on the spot. If the Railer situation had been cleared up, he would be completely satisfied with the Housing Corporation's conflict -of -interest statement. He wanted to be able to support the Housing Corporation, and the only way he con do it is to have the resignation Mr. Railer or something like this amendment which would briru that about. Councilman Herwald said that the subject of Mx. Reller is not on the agenda this evening. That matter was resolved by the Council, and he felt it was totally improper for the name of Mrr. Reller to he bandied about. Council took action on a majority vote. He thought it would be proper to talk about the contracts in general terms, but it was the height of impropriety to talk about Mr. Reller.. Councilman Henderson replied that he is unable to support the Housing Corporation for that reason and was saying it to explain his vote. The amendment failed on the following vote: Ayers: Henderson, Pearson Hoes: Ssahrs, Clark, Comstock, Henderson, Norton, Rosenbaum., Sewn AM HDM MT: Councilsasi Sealers coved, seconded by Pearson, that the contract be amended in Section 10, after the first sentence, to add "Consultant aleo oovenarts that it will require its board ors and staff to disclose to the board all interest held or to be acquired by them in conflict with the objectives of this contract. In the event of failure to make such disclosures, the board will require the immediate resignation of the individual failing to make appropriate disclosures." He said this permits people with competence to serve on the board, and they can have properties. Many people with expertise are going to be propertied people. councilwoman Semen felt that the statement in the bylaws covered the situation adequately. 4 8 9 6/25/73 The amendment failed on the following vote: Ayes: Boaters, Pearson Noes: Berweld, Clark, Comstock, Henderson, Norton, Rosenbaum, Semen AMENDMENT: Mayor Comstock moved, seconded by Pearson, that the contract be amended to include a provision for the application of conflict of interest provisions by the City Council once these are enacted and approved by the City Council for its own procedures and operations. Mayor Comstock commented that this would become something that is cart of the contract and is known by both parties. Council would have to review and establish its own guidelines. City Attorney Stone said that if this provision were put in, once the Council adopted its own conflict of interest code, it would auto- matically became applicable to the Housing Corporation. Councilwoman Semen commented that another way le simply to approve the contract, and when the conflict of interest statement is established, some Council members can urge that it be made applicable at that time. She thomght that would be more orderly than including it at this point without knowing the exact language. Mayor Comstock stated that passage of this amendment would indicate that Council clearly intends to do this. He said he has to see something lime this as an understanding between Council and the Housii g Corporation right now, or else he is not satisfied with the contract. In response to Councilwoman Semen, he said he wants rare than the language in the :sousing Corporation bylaws. Councilwoman Pearson said she approved of the aaend gent, because once the Council takes care of itself, she thought the Housing Corpora- tion, PACDAB, and Child Cars ar.d any other consultants would know that is the way Council does it. To ask some Council members to bring it back and put it on the agenda means going through the whole process again. Councilman Bsrwaid stated that his problem is whether or not the conflict of interest provisions for a legislative body can or should be applied to a consultant. City Attorney Stone said that his response had to be in the form of a prediction, because the code section on conflict of interest is not prepared as yet for Council and commissions and committees. He could only opine that with this information and batted on discussions of the Council, the product his office gives to Council may be applicable. If that cannot be done, Council could take steps at that time to modify for inclusion i.tv a consultant contract. He said he was not prepared to respond as to the wisdom, because the product was not a' aileble yet. The amendment passed on the following vote: Ayes: Mehra, Berwa.ld, Clark, Comstock, Henderson, Pearson, Rosenbaum Woes: Morton, Semen Ate: Mayor Comstock moved, seconded by Pearson, that the City Attorney be directed to prepare language to amend the contract to cover the provision that a person cannot serve as a saber of the board of directors and as a member of the paid staff. Mayor Comstock commented that this is not directed at a specific problem but is based on a personal feeling of efficiency of the organization. He feels this is true with PACDAB as well. He sees the two organizations as quasi -governmental. They will operate more effectively with this kind of prohibition. Councilman 8erwald commented that he was supportive of this, but since the consultant has included this in their bylaws and addressed themselves to this and provide that one of their board members may servo and receive compensation, he would like to hear from Mr. Duckstad. Mr. Duckstad stated that it may be a problem with respect to the contract services that the Housing Corporation obtains from Mrs. Bernhardt's company. Mrs. Bernhardt is the se-retary of the Housing Corporation, and the corporation purchases contract services frori her co¢spary. He asked City Attorney Stone to interpret whether this is a viotlation of the proposed amendment, Councilman He:rwald said he understood this motion to ;jean that Mrs. Bernhardt would have to relinquish her position on the board or as a contractor. Mayor Comstock noted that he said a paid metier of the staff. He was thinking about someone who was a direct employee. He asked if Mr. Stone saw a distinction between what is :-ailed a staff employee and a person whose organization is supplying consulting services. City Attorney Stone said that the proposed language would seem to preclude Mrs. Bernhardt from doing what she is doing for the Housing Corporation while at the same time being a member of the board. If Council wishes otherwise, it would have to include a clause something lime "This shall not preclude any member of the hoard from contracting as an independent contractor for services to the Corporation." That would leave it as applying only to direct employees. Mayor Comstock stated that he did not wish to rake that distinction. Councilman aerwald agreed and said that without any desire to hurt anyone, he thought it was a good motion and a fair one. There has to be a clear delineation somewhere. Councilman Rosenbaum asked if Mayor Comstock wanted to make it so broad that a member of the Housing Corporation board could not do things from time to time as had been mentioned are done now. Mayor Constock replied that the principle is defined in the motion, and he would like to rely on the staff to enforce it in individual cases and give guidance to Council on how it should be carried out. Councilman Rosenbaum felt that there should be a distinction between a long-term paid relationship and something else. He asked if the City Attorney could dizcuse whether possible wording could be adopted that would permit someone on the board to wake up a set of plans if that is Appropriate. City Attorney Stone said he had already trade the ruling with respect to the long -tern contract. With respect to a board seer's doing casual services on a ,sporadic basis, it would have to be looked at in light of the fact that the Hosing Corporation does not have a paid employee staff. If an architect were to work up Sketch plans for a project, that may not be a conflict of interest, even though he is cc pe sated for a time at something less than market rate. But he may do it a second and third time, and at some point, Council would have to backtrack 4 9 1 6/25/'l3 and say it has a history of a staff -like function. He suggested it would be difficult to interpret unless it is interpreted at the outset that no member can perform services for the corporation. If that is the original interpretation, it would make staff's and the board's jobs easier. He was not necessarily suggesting that would be the interpretation, but was giving a range of possibilities. It is difficult to say without having a specific example. A one-shot situation not involving a lot of money might be all right, but when that continues, it would have to be taken or: a case -by -case basis. Councilman Henderson commented that he had talked to City Attorney Stone and also was aware of Mrs. Bernhardt's decision to choose to be a board member if she had to make a choice. He said he wanted to publicly urge that she continue to do her contract services. She could participate in the consulting services without being a member of the board. Councilwoman Sewn felt that Council was having difficulty with this matter, because it was trying to draw parallels between PACDAB and the Housing Cor-oration. She felt they should be treated differently, because their operations are based on different foundations. The Housing Corporation merely acts as an advising consultant to the city. It does not implement city programs. Since there is no implementation factor, the conflict in approving a policy and then iuplementirLg it at the staff level does not exist in the Housing Corporation. The :staff services that are provided do not in any way carry out policy ratters. They ere adsrinisttative or research oriented. The distinction between the two boards exists, and she hoped Coen:il would not approve the amendment. The amendment passed on the following vote: Ayes: Beahrs, Clark, Comstock, Henderson, Pearson, Rosenbaum Noee: Bexwald, Norton, Semen A ENDMENT: Councilman Henderson moved, seconded by Comstock, that the contract be amended to change the board membership to read: 'Consultant shall make its best efforts to have at least one (1) member of its board be a resident of a publicly subsidized low/moderate income housing project located in the City of Palo Alto . . .„ The amendment passed on the following vote: Ayes: Berwald, Clark, Com:sto.k, Henderson, Norton, Pearson, Rosenbaum, Semen Hoes: Beahrs AMENDMENT; Councilwoman Semen moved, seconded by Henderson, to amend the contract on Page 2, Duties of Consultant, to add the word "and" to Item 3 (a) (2) , miming it read ". . . management and/or operation . . The amendment passed on the following vote: • Ayes: Clark. Comstock, Ha-`adersson, Norton, Pearson, Rosenbaum, Semen Noes: Beahrs Abstains Serwald Mayor Comstock commented that he had been concerned and unhappy with the Housing Corporation: for :some time and the conduct of the board of directors. He tried to remedy this with an amendment to the contract which will be effective only if received in the spirit and intent of the Council. It is not an easy choice as to whether or not approving of disapproving the contract will be all to the community good. He said he voted against the budget appropriation but now finds himself at the point where he has achieved through amendments solutions to some of the things that concern him about the Housing Corporation. He has to decide with those provisions if a better relationship can be had between the Housing Corporation and the community. Despite a firm track record of saying no, he will vote for the contract with the amendments. He hoped that his confidence or optimism would be rewarded. If not, he well be heard from. The motion as amended passed on the following vote: Ayes: Beahrs, Berwald, Clark, Comstock, Norton, Semen Noes: Henderson, Pearson, Rosenbaum Drub Abuse Control Pro ram• Amendment to Cit /PACDAB amn- Contrace ltet ec Bu et rea.se a(C.mt: 17 1) 4I®IIN �iRlm' eaa>rrrfYn rtt Ma.i' HOlION: Councilman Rosenbaum moved, seconded by Pearson, to consider Item 16 out of order. The motion passed on a unanimous vote. MOTION: Mayo. Comstock moved, seconded by Henderson that the Mayor be authorized to execute an amendment to the City/PACDAB contract reflecting the change in funding limitation from $205,000 to $220,000. Mayor Comstock suggested that Council members shout indicate what amendments they have in mind so that members of the audience would know what is being contemplated and not have to come up to speak to each amendment. Mayor Comstock referred to his memorandum of June 21 to members of the dounci.l and said he intended to move that the PACDAB contract include a provision that a person cannot serve both on the board of directors and as a member of the staff. Next, he intended to move that the contract be amended to include „a provision for the application of conflict of interest provisions by the City Council once these are enacted and approved by the City Council for its own procedures and operations. Finally, he intended to move that the contract with PACDAB be amended to require PACDAB to prepare a statement of performance objectives for each operating component of the program and for the program as a whole by August 1, 1973; that their objectives be developed with the active involvement of the city staff, and that they be subject to the approval of the City Council. Councilman Berwald stated that his first amendment would be an amend- ment to Mayor Comstock's third amendment to add "and that a report of performance measured against such objectives be provided to the Council semi-annually beginning (date)." Also, he would ask for a financial audit of the first year's operation and ask that it be completed within sixty days and reported to the Council, He would also snake a motion pertaining to questions about the proposed budget, parttcularly about the comments on page 11 of the finance and Public Works Committee minutes. Last, at the time the contract was approved, the City Manager made a number of suggestions that would make implementing it a more orderly process and make it easier for him to work with PACDAB. Council saw fit to accept few of the recommendations, and there have been certain conflicts and certain di.fferencea of approach. There was not a meeting of minds as to the role of the city. He would like to eee if there is time before the 493 6/25/73 renewal to ask the City Manager to review the contract once again and tell Council what kind of changes are going to be necessary to give the city the fiscal responsibility and create a more open relationship between the city and PACDAB. Councilman Beahrs stated that he did not intend to meke any motion beyond those proposed, but he was quite impressed by the appearance of Mr. Rea as president of the University/Crescent Park Association at the last meeting and hoped the people who orate tonight would touch on the significant questions that were raised by this residential group. Harold Lesser, 440 Ramona Street, said it appeared that some of the questions to had intended to ask might possibly be answered. He would refrain until he heard from others. Carla Vespe, 588 Barron Avenue, Chairman of PACDAB, stated that what she was hearing from the proposed amendments was distrust and implications that she was not aware of. She did not hear these amendments being made about the other consultants. She agreed with Ccuncilwoman Semen that there are differences in operation and duties. She said PACtA.B's intent is honorable, and she did not feel it was being received that way. Claire Smith, 203 Bryant, address Council regarding the amendment dealing with goals and objectives. She said the program's goals and objecti7es have always been defined, clearly stated, and made public. The City Council and community knew the philosophy is that they will encourage people so that they may take control of their own lives. That philosophy implements the recommendations made in the Task Force Report. Mika. Fox, 1969-1/2 University, said he waea clad the order of bu41ress was taken as it was with the Housing Corporation's contract coming before the Drug Center. Councilwoman Pearson and Councilman Henderson have discussed issues and actions that wens not in the interests of the public. Then Councilman Berwald responded he thought that telling the Housing Corporation what to do would be telling there how to do their duties. The Housing Corporation clearly has not met the needs of low -host housing. After two years, the amendments to their contract do not deal with the fact that they have not done their job. The Drug Center has been in operation ten months, and after ten months of hard work and meeting peoples needs, they are met with demoralizing tents that ha:re the effect of stifling the work the Collective is doing. It is important for the Community to check out Council's response to the Housing Corporation, and PACDAB. Ayres Goldstein, 635 Dolores, addressed Council in opposition to the amendment to the contract to prevent a staff member from serving on the board. The Task Force felt it was important to have the closest possible collaboration and contact between the staff and the board. Two staff ors on a board of 21 can hardly stbvert the actions of the board when a decision requires the vote of 11 members. Council is given a veto power over board members. PACDAB needs more positive support from Council. Joel Davidson, 1058 California ?venue, addressed Council 'In opposition to the amendment to the contract to prevent a staff member from serving on the board. He also agree'., with Claire Smith that the goals and objectives have been stated clearly. Saul Wasserman, 751 Southampton Drive, addressed Council regarding the proposed audit. He said they have been careful about the expenditure of precious funds and recently asked for a city overview of their financial practices, because if there should be any irregularities, they want to know about it. He did not feel an evaluation in addition to the one to be completed in September would be wise. Bill Baumgartner, 851 University Avenue, addressed Council in opposition to the amendment to the contract to prevent a staff member from serving or the board. He also responded to the questions raised by the University/Crescent Park Association. Lynn Barba, 851 University, addressed Council about the activities at the Residential Treatment Center. Doug Garrett, 990 Van Auken, representing Venceremos, stated that it has become increasingly clear that there is a struggle going on over who is going to control the drug program in the city. There is a clear propaganda drive to kill the chance of an effective child care program using FACDAB models, and there is an attempt to drive Mike Fox off the board of directors because he is a Vencerer°os member. Agnes Robinson, 1765 Fulton Street, stated she felt there had been a great deal of deliberate misunderstanding from the public and some znenhers of the Council. She addressed Council regarding Mayor Cornstock's amerdents. She said Council would find the goals and objectives in the original Task Force Report. She thought PACDAB deserved respect and confidence and felt Council could show it in the way renewal of the contract is handled. Michael Dea, 851 University, addresses Council regarding the RTC, where he is a client -resident. Henry L nneweb, 164 Hamilton Avenue, addressed Council regarding the CPC where he has been a client for several months. Mayor Comatock returned the ratter to Council and noted that the motion to amend the contract to reflect the budget increase was on the floor. Councilmen Beahrs commented that he was happy to have had the last two gentlemen speak. They were impressive. He said he must express some concern in the fact that in the inception, PACDP,B was asked to seek actively and soon outside support beyond the resources advanced by the city. This ens completely disregarded, He was extremely disappointed. PACDAB's statistics are deficient and unhappy. They are running a general counseling service instead of concentrating on drug addicts. He compared their performance unfavorably to services rendered the community by United Crusade. Councilman Berwald asked questions about PACDAB's budget, and Mr. Walker explained last year the amount provided for the direct program was $170,000. That was for a partial year. The other major component was $30,000 for evaluation. There was approximately $29,000 for city staff services, and $87,500 for the purchase and renovation of the house on University. The amount of money provided was approximately $310,000 to $315,000. He said "provided" because the total appropriation will not be spent. The first audit is due sixty days after the close of each fiscal year, which would make the first one due the end of August. 4 9 5 6/25/73 Councilwoman Pearson commented that she had consulted the Drug Abuse and Use Report, prepared by the original Task Force and submitted in January of 1972. It is almost an inch thick and has about one-half inch of yellow pages which is a summary of recommendations. She determined that this really represents the goals and aims, and these goals and aims have bean established since the beginning. If Council wants to have those spelled out in the contract, she did not see anything wrong with that. They could be picked up verbatim and put into the contract. She noted that the school district is putting $70,000 of funds into the program. She mentioned the different boards that PACDAii has asked for funding. She rointed out how many of the goals had been a hieved. She felt that Council doss have a problem with the new social programs. She felt PACDAB should accept the recommendation that the board of directors be totally alone and not have liaison with staff. She also felt they should accept the other amendments which had been made. She did not favor any more evaluations until the authorized evaluation is completed. CoueciJ2.an Henderson said he was amazed at how some of his colleagues have been able to evaluate this program so thoroughly before the official evaluation is completed. He felt he had to be consistent in terms of the staff members on the board and the conflict of interest. The goals and objectives are all in the Task Force Report. If ehi.s came before Council, he planned to rake a substitute motion to the effect that the contract be amended to include a statement of goals and objectives as expressed in the Task Force Report. He found Councilmen Berwa?d's proposed emendr:ent to indicate corpl.ete distrust in the program. Thera is already a provision for a financial audit in the contract. He reviewed actions of the Finance and Public Works Committee and Council leading up to approval of the original contract and budget. He compared that budget with the proposed 1973-74 budget and pointed out the amount for operation and evaluation is aiir st identical with the Task Force's suggestion of $240,600. It is not correct to compare $220,000 recommended for next year with $205,000 that was put in tne original contract. The budget figure fells within the original Task Force Recommenlation, and he would support it completely. Councilman Rosenbaum stated he would like to hake some general comments about why he thinks Council is going through this. When the drug program was set up, it was set up as an independent organization, and Council did so knowingly. It has been run in what, some might regard as an unconventional way, It is important, because the people the program seeks to help are generally alienated from society. If the drug staff looked like council mgrs, it wouldn't get an:'where. However, appearances can be a liability in terms of the confidence of the community. It is a program which will be difficult to eval ate. Council cannot point to specific results and therefore has a real problem in maintaining the confidence of the community in the pxograen He felt that Cer3.een well's letter was reasonable and that the reply that CJIMA back was not satisfactory. PACDAB's attitade and response has led to these matters. He said he would like a statement on how tne decisions on spending are made. Perhaps a more serious problem has to do with board meetings and lack of a quorum. The standard procedure is to have an executive director who assures a great deal of responsibility. He thinks a great deal of good, hard work is being done and would like to see it continue. He would support the amendmeets. Councilman Berwald said he asked the questions about the money to get in perspective the size of the expenditure. Councilman Rosenbaum said very well what he would have said. He assured Carla Vespe that he has not roads an evaluation of the results of the program. He has never *aid it was not doing anything and was not worthwhile. He has haver, been appalled by the complete juvenilisl of sow . 4 9 6 6/25/73 of the directors and staff. If any other group in the city would come before Co'incil and on two occasions storm in, having broken its own rules, Council would have dumped them six months ago. $316,000 in one year and $310,000 the next year is public money. In three years it is going to be a million dollars, and when he asks a question about an audit, he is appalled when a member of the Council gets sarcastic about it and has some harsh things to say about a councilman trying to be fiscally responsible for the people's money he is spending. Councilman Berwald said he has not seen enough results coming out of the program that would lead him to believe it is worth $300,000 a year to ine-est in the organization. On the other hand, he realizes they have not had enough time, and he has vcted for PACDAB in every vote in the past. He speaks harshly and honestly, because he has -real reservations that an organization managed in the way PACDAB is managed can succeed. Board meetings do not have a quorum, the ataft does not abide by the rubes] Council is treated as though they were a bunch of pariahs. The behavior pattern of PACDAB and the way they treat the staff is abhorrent. He referred to a verbatim transcript of the Council meeting of May 24 and read aloud his questions and the answer s given by the PACDAB representatives. When he gets ana rers like that, he said he has to conclude something is wrong. The next tire PACDAB asks for $300,000, there is going to have to be some indication that they are making progress in the eradication of drug abuse and in the efficient management of their organization. Mayor Co stock noted that the notion before Council was an amendment to the contract to approve the funds previously approved in the budget. The x..�tzon passed t,n the following vote: Ayes: Berwald, Clark, Comstock; Fenderson, Norton, Pearson, Rosenbaum, S emar. Noeb: Beahrs MOTION' Mayor Cc*t►4tock moved, seconded by Berwald, that the PACDAB contract be amended to include a provision that a person cannot serve both on the board of Dire:;tore and as a air of the staff. Mayor Comstock cited that this issue carne up at the time the original contract was approved. He was in favor of including such a provision at that ticks and still feels strongly that it is a case or principle of construction of an organization. Be still feels it is an appropriate and desirable part of the contract and the lack of it is a source of problems in PACDAB's organization. Vice Mayor Norton stated he would vote against the amendment basically for the sass reason he voted in the m,ateer of the Housing Corporation. He dogs not see any problem with Carol Bernhardt doing the work she was doing and being paid for it. Council voted on it and felt it was worth a try. In relation to the PAtAB contract, Council knew Mike Fox was the men in question, and he has not done anything Vice Mayor Norton did not suspect hoe might do ten months :ego. There is nothing new, and he cannot see why it is being brought up again. Councilman Beahrs stated he supports the motion because on principle he has always believed in what is being edvanced here, regardless of who it is. He thine the board must be entirely independent and must take strenuous actions. Councilwoman Seman stated she would support the motion because there could be a time when a staff member who disac,•rees with the policy and tries at board level to change r.he opinion and cannot, then as a staff member has to carry out that policy, and then it could be a burden. Councilman Clark stated he would like to express himself, because he was changing his vote from what it was the last time. Previously he was very opposed to having joint services, but PACDAB felt they wanted to go that route. He was anxious to get the program going. He voted against his best judgment and then found out that evening that many board members did not think it was a wise move. He feels Mike Fox is a good staff member and should stay on the staff and be an unofficial member of the board. The motion passed on the following vote: Ayes: Beahrs, Berwald, Clark, Comstock, Henderson, Pearson, Rosenbaum, Semen Noes: Norton MOTION: Mayor Comstock moved, seconded by Henderson, that the PACDAB contract be amended to include a provision for the application of conflict of interest provisions by the City Council once these are enacted and approved by the City Ccun•cil for its o,.r, procedures and operations. Councilwoman Sa..ar, stated she would vote against .his an-.endr.ent only because she felt it was orderly procedure to have Council consider its conflict of interest provisions and then consider the consultant contracts. She favored the principle. Vice Mayor Norton stated he would vote the sage way for thn sane reason. The motion passed on the following vote: Ayes: Beahrs, Clark, Comstock, Henderson, Pearson, Rosenbaum Noes: Berwald, Norton, Seman MOTION: Mayor Comstock moved, seconded by Beahrs, that the contract with PACDAB be auended to require PACDAB to prepare a statement of performance objectives for each operating component of the program and for 4he program as a whole by August 1, 1973: that their objectives be developed with the active involvement of the city staff, and that they be subject to the approval of the City Council. Mayor Comstock anted that there was general agrert ent among Council and members of the audience which reflected a general underi:tanding of what the goals and objectives were. Refererce could be made to the Task Force Report: however, what he had in eir.d was a r echanism for providing this information which was preferable, because it allowed staff and ors of the board to work it over with initiative ding from PACDAB. Many things in the report are no longer applicable. PACDAB has learned something in a year's tine. It is important to have the gels and objectives in the contract, because this is what the contract is all about. There is no intent on his part to impose a series of statements he happened to think of recently. That is not to say that when the report is submitted to Council, there may not be something he will question. He wished to get the understanding ratified in writing in what is an important document --Council's contract with PACDAB. The reaesoe the program is here and the board is here is because of a problem. The Task Force wrote a report which led to formation of the board and contract. There is something Council is asking PACDAB to do for the community. It is important to have it in the contract so it can be referred to specifically and directly. Councilman Clark commented that he thought there was real value in reaffirming and crystallizing 1973 objectives. 1 AMENDMENT: Councilman Clark moved, seconded by Pearson, to amend the motion to delete "and that they be subject to the approval of the City Council." Councilman Clark felt that would be intruding into the authority of the autonomous contracting board, but it would be helpful to everyone concerned to have a recryetallization. Mayor Comstock said the main motion requires an anend.ment to the contract which will require a Council vote anyway. Councilman Clark asked if Council did not approve of the objectives in content or structure, then the contract would not gee and Mayor Comstock responded that he was proposing that these things be part of the contract that this be the mechanism of the sway they een worked out. Councilman Clark stated he could not go along with that. He was thinking in terms of these being external to the contract. Mayor Comstock said his motion cc-ntemplated that they he part of the contract, AMENDMENT WITHDRAWN: Councilman Clark said he wo,.:1d retract his amendment. a be SU STITts" X AMENDMENT: Councilman Henderson ,roved; seconded by Pearson, that the PACDAB contract be amended to include a statement of goals a d objectives as expressed in the Drug Abuse Task Force Report. Councilman Beahrs commented that he found it rather dif€icolt to accept some of the statements. Councilwoman Pearson suggested Council has recourse to the basic study and its findings, and all thet needs to be done is lift them end inccrpor'ate them in the contract. How can this general outlook be reconciled with the criticisms leveled against the eet re operation by such people as Dr. Blum. He has no confidence in the gcals and objectives. Vice Mayor Dorton remarked on the possibility that PACDAB or the city staff or Council might want to update or change the objectives in some minter way. This would net be possible if the motion is adopted. He thought there should be a mechanism for change. The substitute amendment failed on the following vote: Ayes: Henderson, Norton, Pearson, Semen Noes: Beahrs, Berw ld, Clark, Comstock, Rosenbaum Councilman Clark stated that he did not like to see any of this in the contract. It does not do any good to reproduce what is in the Task yorce Report, and the contract should not have to have new goals every year. Be would like to have the amendment voted down, because it is intended to water in in the contract. He thought it was appropriate to have updating done by PACDAR once a year at the time of the contract. 445 6/25/73 Councilman Beewald wondered if it would not ha preferable to amend the contract later after staff reviewed the contract with the board and made suggestions for amendments that would enable staff to work more constructively with the board in the future. Perhaps it could be in the form of a referral to staff to work out objectives to enable Council to have a better handle on what is happening. Councilman Henderson agreed with Councilman Clark and said his motion was a defensive motion to try to minimize the work that was coming forth. Councilman Berwald asked staff if the Mayor's amendment as written would be helpful in getting a better handle on the drug program and in being able to answer questions of Council when they come back for appropriations and to work with them through the year. City Manager sipel responded that the ideas staff had, some of which ware expressed in Mrs. Eedweli's letter, were intended to help PACDAB and the Council. The Manager has what Council gives him in terms of tools to work with. Council gave him a contract with PACDAB with little opportunity to do things he might feel were necessary unless he was able to persuade the other party. Unless Council wants to change the rules of the game, the City Manager will have limited opportunity to make changes and do things he thinks are necessary unless he can convince other people that the changes are beneficial. Regarding goals and objectives, he would prefer to call them performance standards. Unless they can be measured, they axe not helpful. In looking forward to next year and deciding whether or not to fund the program, he is concerned that Council will have the tools to rake the decisions. People say it is working well, but it is only a cut feeling. He will have to crake a recommendation as to whether or not the city should continue with the program, and he needs more than 'It is a good idea" and "We have to help people." He thought it would be unproductive to get into negotiating sessions on what the goals and objectives are unless Council is serious about having them and the need for them. Councilman Berwald commented that he would support the motion with the addition of "Reports of performance measured against these objectives shall be provided to the City Council semi-annually." That would give staff some teeth. AMENDM T : Councilman Berwald moved to amend the motion by deleting the words "require PACDAB to prepare" and insert the word "include" and after 1973 insert "and annually thereafter." Aso, delete "they be subject to the approval of the City Council" and add "Semi-annual reports measured against such objectives be prepared for the City Manager . " The a nt died for lack of a second. The motion passed on the following vote: Ayes: Heahrs, Berwald, Comstock, Norton, Rosenbaum Noes: Clark, Her.deerson, Pearson, Semen cation for Commissioners A ea by the Council MOTION: Mayor Comstock moved, seconded by Henderson, to consider Item 22 out of order. T:e motion passed on a unanimous vote. 5 0 0 6/25/73 Councilwoman Seman commented that she had been concerned about barriers to service on committees and commissions. Council has talked about barriers to the handicapped, and she saes the possibility that the city may not get true broad representation if incidental costs to serve are a barrier. She realized there would be questions and problems with the concept. MOTION: 1'ouncilwoman Semen moved, seconded by Berwald, that the matter of compensation for commissioners appointed by the Council be referred as a concept to the Policy and Procedures Committee for discusaa.on as a policy. The motion passed on a unanimous vote. Reg ► nition of Councilwoman S lvia Semen and Councilman William ear a ournment MOTION: Councilman Rosenbaum, moved, seconded by Pearson, that the meeting be adjourned until July 2. Mayor Comstock commented that he could not let the meeting adjourn without commenting that there are two friends who will not be serving on the Council anymore Councilman Clark and Councilwoman Semen. It has been a pleasure, privilege, and a great source of comfort and happiness to have known them.. It is typical and representative of their dedication to the community that they are here at 2:15 a.m. still giving their all. He was happy to call them his friends and hoped they would come by and remind Council where they are slipping off the path. Be thanked the for the wonderful things they had done for the city and Council. Councilman Berwald commented that he came on the Council with Councilman Clark and served with hire for six years and with Councilw an Seman for a little less time. They both have something in common —Bill is always a gentleman and Sylvia is always a lady. It has biaen a pleasure to serve with them. They have given so much to the city and have conducted themselves so splendidly in the process. Councilman Clark responded that it had been a greater experience for him than it had been for the city, especially with the great camaraderie and fellowship he had enjoyed. Council service is orte of the wonderful things that has happened in his life. Tha adjournment motion passed on a unanimous vote. The meeting adjourned at 2:15 a.m. APPROVED: 1 AST Mayor 501 6/25/73