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03131972
MINUTES city of palo alto March 13, 1972 The City Council of the City of Palo Alto met col this date at 7:30 p.m. in a regular meeting with Mayor Comstock presiding. Present: Beahrs, Berwald, Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum., SeYrtan Absent: None Welcome to Cubberle Hi h School Students Mayor Comstock welcomed a group of Cubberley High School students, present this evening, with their teacher, Ed Freiberg. Welcome to Cam Fire :=rls Mayor Comstock reeogniZed a group of Peio Alto Camp Fire Girls. The girls were celebrating tile F 3r -d Birthday of Camp Fire Girls which occur on Marcb 17, 157.2 and in of the occasion rn rna berg of the City C.,uncil Were pr -,:,'-rtes; with cakes baked by the girls, ` ? Charter rat 3mentiie nets Ballot A urnents--.:S:�r.Fs a�ec?al a e:3nd�.trk; lecfitilt Mayor Comstock reviewed a rnerr.o dated March 10 to the City Council, from the City Clerk, detailing the procedure for ftli:ag a written argu- ment for or against any City measure, in accordance whiz the Election Code. He asked Council to consider this information and be prepared to com- ment on it next Monday, March 22, !972. Minutes o€ Februar v 22, 1972 Councilman Semen requested a correction be made to the Minutes of February 22, 1972 en pale 441, in reference to the testimony of Pat Murray, i S! Laurel, Atherton, on the second line the words ' . , . of 4-C`s organization" should be removed and there should be inserted "Child Care Now.:" On the .lame line, the phrase "that this group known as Comprehensive Coordinated Child Care" should be removed and there should be inserted ", , , that the Center." Finally, on the second to the last line of the paragraph, the word "the" sshoulr? be changed to "thin" and "... at'Staaford" should be removed entirely; 478 3/13/72 1 Referring to page 445, Councilman Seman noted that Tracy Storer, 1225 Cowper, Palo Alto, was referred to throughout as "she", and this section should be amended to change "she" to "he" and "her" to `'him". Councilman Seman noted also that on page 445, Joan M. Hagen, 4707 Norwalk, San Jose, spoke of the 4 -C's "organization" rather than "facility", as shown, The Minutes of February 22 were approved as corrected. Minutes of }'ebrua r 28 1972 There being no corrections to the Minutes of February 28, 1972, it was moved, duly seconded, and passed unanimously, that the Minutes be approved as submitted. Retirement of Llceed F. Boreham (CMR:1 9:2) Mayor Comstock invited Chief of Police, James Zurcher, to speak to this subject. Chief Zurcher reviewed the career of Police Captain Lloyd F. Boreharn who will retire on March 18 after 25 years of continveua service to the citizens of Palo Alto. He recognized Captain and Mrs. 1oreham who were pres€►nt in the audience, MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Vice Mayor Norton, its adoption: RESOLUTION NO; 4568 ENTITLED "RESOLUTION OF THE COUNCIL OFTHECITY OF PALO ALTO EXPRESSING APPRE- CIATION TO LLOYD F. BOREHAM UPON HIS RETIREMENT„ The resolution was adopted on a unanimous voice vote. Itiuest far Funds Toward Squire House Purchase MOTION: Councilman Pearson moved, seconded by Beahrs, that item 10 on the Agenda (Squire House) be considered out of order at this time. The motion passed on a unanimous voice vote. Mayor Comstock asked Councilman Pearson to speak to this matter. Councilman Pearson reviesc'ed her meanc:randum to Council dated March 6, 1972, noting that the Palo Alto Historical Association's Committee to Save the Squire House had requested that this matter 479 3/13/72 be placed on the Agenda. She said the Committee is aware that there is available now in the Genera Fund $37, 500 remaining from the settlement of the Dixon House estate. Since the Squire House Com- mittee is on a tight schedule to raise the money to buy the Squire House, they wished to inquire whether or not the money received from the Dixon House estate could be made available to their Committee for the said purchase. She noted that Mrs. Fern Bowers Hunt, Chair- man of the Committee to Save the Squire House, might wish to address Council"vii this :,`abject. Mrs. Fern Bowers Hunt, Chairman, Committee to Save the Squire House, P.O. Box 1321, Palo Alto, Califo-rtia, 94302, said the Mr. Donald Bean would speak to the Committee's request, Donald Bean, First Vice President, Palo Alto Historical Association, stated that 1 ,- - es here tonight representing Dr. Joseph B. Weeden, Presid- nt of the Historical Associatio•=. Mr. Bean reviewed the steps taken by the Committee in an a.tternpt to raise funds to purchase the Squire House. He said they had now arrived at a crisis situation. Although they have received rrtany expressions of support, the necessary funds ‘.-could not be forthcoming by March 15. Mr. Bean read a telegram sent to Mayor Kirke Comstock by Con- gressman Charles 5. Gubser stating "Pleased to advise Squire House nominated under Historic Preservation Act. Entered in National Register Historic Places." Mr. Bean said other members of the Committee, Mrs. Hunt and Mr. Sanford Websteriwere presertt to answer Council's questions. Mayor Comstock asked Mr. Bean for an explicit statement of the Committee's request to Council tonight. Mr. Bean responded that because of the Committee's inability to raise enough money without title to the property, the Committee was here to request the City to advance the funds oe= buy the property. Mayor Comstock asked Mr. Bean whether it wasunderstood that should the City advance the money, it would be with the agreement that the funds be repaid at a later date. Mr. Bean stated he could not assure the Council on this point. The Committee has not been able to do more than solicit gifts from indi- viduals and has been rather discouraged by the results. They now feel that the only pcasible action is to request that the City purchase the property now and face the problem of raising the funds after, and the Committee members would be glad to continue their efforts if these things could be realized, Mrs. Hunt read aloud a list of the organizations in the area who are supporting preservation of the Squire, House. She said the Committee is asking for a ',stop-gap`; to give them some extra time to raise more money. 480 3/13/72 Mr. Sanford T. Webster, 535 Ramona, stated that $20, 000 will be available from the Lucie Stern Foundation, The Committee has raised $7, 000 from citizens, The $20,000 contribution is conditioned on the assurance that the City would donate the funds remaining from the Dixon House. The Committee would then be $25,000 short of their goal, Council approval of an extended basis for -repayment - probably a year to allow small fund raising efforts would be needed. Vice Mayor Norton stated that the Committee's request was unclear and he felt it ui.realistic for the Committee to expect Council to solve a complicated financial problem this evening. He note! the Council's original commitment was that the Squire House would be presented a$ a gift to the City and the City would thenceforth undertake the maintenance of it: bring it up to Code, landscape -it and maintain it in perpetuity. i-fe asked Mr, Webster whether the Committee would be willing to put thei" $20, 000 "on the line", so that if the City were to buy the property and contribute the balance and the Squire House Committee could not raise the balance, the City would go ahead and sell the property and the deal would be off. Mr, Webster replied that he understood the question and he thought the Committee would be able to put down $27, 000 with the under- standing that if they fail to raise the balance at the end of a year the City would go ahead arid sell it. He stressed that the $20, 000 to be donated from the Stern Foundation was a direct donation to the City for purchase of the Squire House. However, if the plan to purchase that house failed, it would be understood that this gift to the City could be used in any way the City wanted. However, he felt the $7, 000, which had been raised by solicitation of gifts, would have to be returned to the donors. Vice Mayor Norton clarified his position and stated that he would be unwilling to commit City funds for this project without some security. He wanted it clearly understood, he said, that any funds the City might advance would be fully secured and repayable, and if the balance is not raised within one year by the Committee to Save the Squire House, it would be the Committee's money that would be lost, not the City's. Mr. Webster responded that it was not his money to commit, The. money had been raised by gifts to buy the Squire House and small pledges donated by people who would probably not wish to donate if the money were not going to be used to this end. He asked for the opportunity to caucus with his colleagues. Mayor Comstock said that Council would now consider this matter. Discussion ensued regarding the value of the land and what might happen in the event that funds were not raised within a certain time limit, It was agreed that the City would then have the option to sell the land and the house for the value of the land. Responding to a question from Councilman 5eahrs as, to the chances of the Committee securing the full $90, 000 within the time limit, Mr, Webster said this is a tough job for older people who are not fund- raising professionals. He spoke of the intent to apply to HUD for matching funds and said that he felt there was a real chance of obtaining a significant arnoant of money at the start of the next fiscal year, July 1. However, he added that he did not think the Committee could raise the full $90, 000 in a year based on their performance to date. Responding to a request from`Ar. Webster, City Attorney Stone noted that cmeoptio►, the Council does not have is to loan money. The City cannot lend its credit to the Historical Association or to anyone else. He suggested that what the City might do, if it is the Council=s policy to actually acquire title to the Squire House, would be to dereec=+ a certain sure of money into escrow with the condition of escrow being that if the matching funds or whatever are not raised by the Com- mittee then the money be returned out of escrow to the City. Such an account might be interest -bearing or otherwise, Mr. Stor,,? said. Responding to a further question from: Mr. b,rehster as to whether the City could buy the Squire House, with an agreement to be made with the Historical Association that they work against the amount of money to repay the difference, City Attorney Stone said that the City could buy the Squire House for a public purpose whenever it feels appropriate. Whether or not the City has an agreement with the Historical Association to repay the City for the funds made out for the fee title is another thing. City Manager Sipel stated that he would like to remind Council of its action of December, 1973, when it was agreed to accept the Squire House as a gift but to make no commitment as to the rehabilitation and maintenance of this property. He noted that as stated earlier, completion of thi& particular project will cost roughly $170, 000, $90, 000 for acquisition and approximately $80, 000 for renovation. The Historical Association has indicated that they have rc,ughly 15% or 1f►% of the amount - $27,000, Mr. Sipel said that he would like to put the question of availability of Federal funds into its proper perspective. Last year the entire State of California received $30, COO for historical preservation. To hope that the Federal Govern- ment, through the State, is going to be a major help in raising funds to purchase the Squire House may not be the best policy, he said, The City should consider outright purchase of the hoase. Otherwise, he could foresee the Historical Association returning to Council in 4 to 6 months' time with a similar request for additional funds, Finally, Mr. Sipel requested Council to relate this expenditure to some of the other needs in the community and make a judgment as to which has the highest priority. MOTION: Vice Mayor Norton moved, seconded by Rosenbaum, that the matter of the purch.aae of the Squire House be referred to staff for one week; that staff be instructed to work with the Historical Association and make a contract along the following lines: 11that the Association some how come up with 15% to 20% of the purchase price as their contribution; 2) that the City would purchase the 482 3/13/72 property, take fee title and restrict it and put up the balance of the purchase price; 3) that the City hold the property for a period of between six months and a year, to be negotiated; that at the end of that period, if the Historical Association is, for any reason, unable to reimburse the City, its portion of the money paid, the City shall be free and shall sell the property for whatever private purpose it deers fit and shall retain the proceeds of that sale in whatever amount they may be; 4) that if the Stern Foundation ccntributes $20, 000, the City would first reimburse that sum back to the estate so that the estate would be whole. Speaking to the motion, Vice Mayor Norton said he wished to make it clear that the money that is hazardous is not the City's money. It would be somebody else's, whoever the Historical Association is able to persuade during the period. He also said that he felt that it was only fah: that if the deal does not go through the Stern Foundation would be reimbursed first with their $20, 000. It was his intent that the property be sold if the funds are not raised within the six months' to one year period to be negotiated. Mr. Webster said that this sounded like a fair deal to him. Councilman Peaeson stated that she, too, would not wish to be aps proached again for funds at a later date and she said that if at the end of the specified period the money is not forthcoming she would vote for the City to sell the Squire House. At the request o} Councilman f3erseald, Vice Mayor Norton stated that he wished to make it clear that any other provisions the staff might see fit to include in this agreement were in order, The motion passed on a unanimoua voice vote. Drug ?butte Task Force Re ort (CMR:201:2) MOTION: Mayor Comstock moved, seconded by Norton, that Agenda Item f' (Staff Report on the Citizens Drug Abuse Task Force Report) be considered at this time, together with the recommendation of the Finance and Public Works Committee regarding the Drug Abuse Task Force Report (Agenda Item 2). The motion passed on a unanimous voice vote. Mayor Comstock noted that the Finance and Public Works Committee had deliberated for five hours on this subject, and that the results of this hearing were recorded in the Minutes of the meeting of March 1, 1972. He said that this evening Council would first of all consider the Committee's recommendations and would then hear from Youth Advisory Council representatives. Then Council will consider the Staff Report of March 7, which doc rents the recommendations from staff contained in CMR:189:2, February 28, 1972 and summarizes and compares these recommendations with the actions taken by the Finance and Public Works Committee. 483 3/x3!'72 Mayor Comstock acknowledged the enormous amount of correspondence received on the subject and noted that all of the letters had been copied and distributed to Council, including a notification received this'+ evening from the Palo Alto Unified School District urging adoption of the com- plete plan as proposed by the Task Force. Mayor Comstock invited Vice Mayor Norton, Chairman of the Finance and Public Works Committee, to give the Committee's recommenda- tions. Vice Mayor Norton, Chairman of the Finance and Public Works Cern- e. t ittee, stated that the Committee had deliberated at length and had tried to deal with not just the financial aspects, but also 4o make recommendations to assist in resolving some of the policy questions. In this connection, the Committee had recommended that the City Council adopt a general policy statement. He then reviewed other areas the Council should deal with tonight assuming that they adopt the general policy statement, in particular the degree of control the Council directly or indirectly would continue to exert on the program, either by way of the City running the program or by renewing appoint- ments to the Board of Directors. He noted that an a.mendmeni:, pro- posing that "succeeding members" of the Board also be approved, net with a 2-2 impasse so the Committee did not have a recommenda- tion on this point. Other areas the Committee did not deal with were whether or not the Council should participate in selection of a site for the center. Finally, Vice Mayor Norton concluded, on the ques- tion of financing, whereas the staff had suggested phasing of two years, the Committee recommended the governing agency would be free, Mayor Comstock asked whether Council members had any questions for the Committee Chairman, Councilman Henderson referred to item "v" of the Committee's recom- mendations and said he thought that there was an error in this motion and this would be the time to bring it forth. The motion involving the commitment of $200, 000 to a budget does not reflect the wording actually shade at the Committee meeting. He read aloud the cor- rection to add after the worts "program", n... it being the intent of the Council that the Board of Directors of the Controlling Agent schedule a program adapted to the amount appropriated," Vice Mayor Norton confirmed that Councilman Henderson's amend- ment to "v" ways in order, Mayor Comstock called on representatives of the Youth Advisory Council to report. Bruce Lewenatein, - Youth Advisory Council Chairman, said the the Youth Ad=visory Council had appointed a Task Force ko work on the drug .abuse report and would make recommendations concerning the education part of the report. 484 3/13/72 Annie Gerard, Youth Advisory Council member, said the Youth Advisory Council supports the basic program and researched the subject of education. Specifically, the Youth Advisory. Council recom- mends that the Family Life Department be separate from the Sciences Department in the schools, since the teachers involved in this program do not have the ability to relate to counseling on drug abuse problems. Separate teachers should be hired for the Family Life Program, parti- cularly the drug education part. A further recommendation of the Youth Advisory Council is that there be stronger youth emphasis and involvement in the entire drug program. Students must be involved in everything to do with the courses, including teacher and course evaluation. At the preasnt time youth has no influence over the drug courses being offered. Speaking further to the subject of the Fatnily Life Department, Annie said there should be a staff and student re- view board set up for this department. A further suggestion is that the Family Life Department should create some of its own material, such as making movies. She said this would increase the credibility of the education offered in regard to the Palo Alto drug scene and make it relevant and credible to the people involved in the School District. This material should be constantly reviewed to bring all drug courses together in one unit preferably using objective material, instead of "scare tactics." Lin Miller, 1651 Waverley Street, Youth Advisory Council repre- sentative, added to Annie Gerard's statement by noting that the Youth Advisory Council Task Force had talked at length with F-andy Snodgrass on the Family Life Department Program. Mayor Comstock asked City Manager Sipel for his comments. City Manager Sipel drew Council's attention to the staff report of February 28 which outlined other recommendations which the Finance nci Public Works Committee had not acted upon. He said that he had sc:rne staff items that bear on Council's discussion tonight and which they may wish to consi" r, and he said he would respond on these specific items at the appropriate time. Mayor Comstock asked speakers from the audience to limit their remarks to five minutes and said at this juncture it is not necessary to go to great length to describe the problem or review the report. Council would appreciate it instead ii members of the public would speak to specific concerns to be resolved this evening, as reflected in the Minutes of the Finance. and Public Works Committee.. Allan Seid, 1615 Edgewood Drive, Chairman of the Citizens Task Force on Drug Abuse, agreed that Council did not require a lengthy statement from individuals in support of the a ecotnmendations. To illustrate the support for the Task Force Report, he asked members of the audience in support of the Task Force's recommendations to stand at this time. He requested, in behalf of the Task Force, that should new information be introduced into the Council's deliberations this c vexang, there might- be a method of procedure which would permit 485 3/13/72 this new information to be spoken to by Task Force members. He said he felt the audience was at a disadvantage in that they could. only respond to issues raised by Vice Mayor Norton. Mike Fox, 3381 Park, Task Force member, said the Task Force did not want to sit through a meeting where opinions are repeated and there is no opportunity for open debate on all points. He said that the audience would like to speak at all times. Kenneth Meinhardt, 3270 Benton Street, Santa Clara, Chief of Clinical Services, Santa Clara County Mental Health Services; Vice Chairman, County Drug Coordinating Commission; arad immediate Past President, Pathway Society, said he has been involved in drug abuse programs through the County Health Department. He spoke of the problerre experienced in developing a community base for drug programs and said the information prr'rided by the Task Force Report represents a forward -looking approach. The program would be flexible and respond to community needs if developed outside the preset -a- City personnel system, utilizing community involvement wherever possible. H, B. Lyon, M. D. , 700 Welch Road, Palo Alto, spoke as a physician strongly in favor of the program, and especially of the residential treatment center, which should be started as soon as possible since people seriously involved in drugs are homeless. Dr. Lyon said he was impressed with the Task Force's work and offered his personal assistance in any way possible to help solve the problem. Dr. John J, Antel was represented by Sally R. Kurtzman, 3475 Bryant Street, speaking as a citizen of Palo Alto and as head nurse at El Camino Hospital, which she said is involved in a drug abuse program. Mrs, Kurtzman read aloud a statement prepared by Dr, Antel which included copies of correspondence exchanged with Mayor Arnold late in 1968. Dr. Antel, Director of Psychiatry at El Camino i-losp%tal, noted that about 38Yr of the Hospital's patients come from the Hospital District which includes Sunnyvale, Mountain View, Los Altos and Lott Altos Hills. As to the fear that a drug abuse prevention center would become a "pusher's paradise" Dr, Antel said this was "ridicu- lous" as are the prospects of duplication of existing services. He recommended the utilization of young people in the project, and that the administration be in the forma of a community board, with a first class director. Dr, Robb James, M.D., 300 Pasteur Drive, 74enlu Park, said he endorsed the efforts of the people working in tie area of the Task Force and urged that the young people be used as d resources Dr, James also spoke of the "ineffectiveness" of the medical profession in dealing with the drug abuse problem through emergency rooms in hospitals, Robert Garner, 3351 Alma, Palo Alto, stated he was here tonight representing the office of the County Executive Drug Coordinator and would be available to answer questions regarding involvernent of the 486 3/13172 County in the program. He said the County is strongly in support of the program as proposed by the Task Force and hoped that the Council would allot funds as recommended. William MacMaster, M. D. , 701 Welch Road, Palo Alto, resident of 431 Ferne, spoke as a physician in the community lending strong support to the Task Force recommendations as a parent and as a member of the First Unitarian Methodist Church. Dr, Birt Harvey, 320 Kellogg Avenue, Palo Alto, said he has spoken before urging some care in the residential treatment. He said this center should not be necessarily for the treatment of hard core heroin addicts. There would be a better expenditure of funds and better results would be obtained by attracting people to the center who are trying hard drugs for the first time and also those who are more recent addicts. He cautioned that the residential center could become a "dumping ground" for placement of all users whether appropriate or not and said sorne limits must be set, Speaking to the subject of Board members, Dr. Harvey suggested that the Youth Advisory Council make nominations for members of this Board, since youth will be involved, Dr. Don Lowe, 1630 Middlefield Road, and 700 Welch Road, Palo Alto (office), spoke in support of this program_ and said he had no specific comments to add to those already made. Mrs. Norman Crockett, 142 Middlefield Road. Palo Alto, a teacher, said it is a credit to the community of Palo Alto that it is trying to meet one of the ever-increasing social problems creatively. She said the new organisation is a izound approach and "inapplicable tradition" should be avoided at all costs. She spoke in favor of the concept of peer counseling and said it does indeed work and the type of program proposed will reap rewards. Charles Won, 1573 Los Padres Boulevard, Executive Director, Pathway Society. said the question has been asked whether such a program can work and how many "clean" addicts Pathway turns out. He says in eight months Pathway was able to save 15 people who were "clean, " having followed a program of total abstinance, even from alcohol. A residential treatment center does work, Mr. Woll said, and he recommended strongly in favor of such a residential facility, as it is the only place where drug addicts can really be evaluated in term.. of the treatment they aroo receiving. It is not possible to draw these conclusions from people visiting a d; op -in center. Fern Bruner, Ph, D. , 518 Everett Avenue, #18, said she is a school psychologist and has had an opportunitytc observe many drug pro- grams. She recommended establishing a residential treatment center and endorsed Deer counseling programs. George M. Wilson, 717 Charleston Court, Palo Alto, spoke in support of the entire program and said the staff and session of the First Pres- 487 3/13/72 terian Church are in favor of the program and hope that the Council will adopt it as fast as they can. Jim Ear•nst, 1002 Paradise Way, a teacher at Gunn High School, said school is not a good place to deal with drug abuse. The teach -ors need help and have nowhere to take students with problems. If the Council adopts the program tonight the teachers will have this kind of facility available to them. Bill Alhouse, 4156 Hubbart Drive, speaking as a businessman residing in Palo Alto, said he was in support of the program. Philip Bliss. 1135 Bryant Street. said he was in support of the pro- gram. As an ex -heroin addict and a counselor he wished to stress that without full community control. of the program the kids will just not participate. Dale Snape, Coordinator, The Bridge, Stanford, urged adoption of a residential treatment program and said that they viewed this as a necessary and important extension of the drop -in center. Jim Warford, 840 Palo Al►o Avenue, said he has been a teacher for 8 or 9 years and he could not urge adoption of this report more strongly than to suggest what has happened to young people in this town who have not had a drug abuse program, available to them. He recommended and supported full community control of the program. which is much needed and affords teachers an opportunity to send people to get professional, legitimate help when they need at. Al Addy, 2613 Dumbarton, San Jose; President of Pathway Society, stated that he was present this evening to give Pathway Society's full support to what they consider to be a fantastic program, which will provide a guide to most citizens in this County. Sandy Snodgrass, 25 Churchill Avenue, Palo Alto, Director of the Family Health Program, Palo Alto Unified School District, spoke of changes that have taken place within the community during the last 7 years since drug abuse #:¢came a major problem. He said the School District needs help and he wished to support all the statements heard this evening and urged Council to follow through with the program. Torn Gragg, M. D. , 270 Grant Avenue, Palo Alto, reconfirmed his advir.e that Council adopt the recommendations of the Drug Abuse Task Force. Mayor Comstock asked Sonny Martin whether he would like to speak and Mr. Martin reserved the right to speak later. Sauu1 Wasserman, 150 Middlefield, member of the Drug Abuse Task Force, outlined the problems that will have to be faced once the pro- gram is in operation. He said that people on drugs are confused and unhappy and even given a first class program it is difficult for them 488 3/13/72 i to understand their own attitudes and be completely cured. He est- pressed the hope that the community was not expecting too much from the program and said even if the drug problem is eliminated from Palo Alto there will still be social problems and addicts in other areas. A drug abuse program will not eliminate the need for police and the program means many headaches further on down the line, Joseph Garcia, 755 San Juan, Sunnyvale, spoke as an ex -heroin user who has been "clean" since August, 1970. Since that time he has worked in recovery centers and it is his strong belief that a residen- tial center is absolutely necessary. Many drug abusers do not know what a program is until they participate in a recovery program. He offered his support in any way possible. Boyd Haight, 126 Kellogg Avenue, spoke in support of the program and said a great number of students support it. The Youth Advisory Council recommendation hits the heart of the matter as it stands with Palo Alto students, he said, and he urged Council to heed the Youth Advisory Council recommendations. Clarence Blow, 746 Homer, Task Force member, said that he would speak later. Dr, Avram Goldstein, Task Force member, said he wished to raise three central questions that would be before Council tonight. Speaking to the question of community control, he said experience all over the country has shown that the program will have the greatest probability of success if it has strong roots in the community, free of govern- mental bureaucracy. Commenting on the proposal for the addition of six Board members, .ne said these appointments would require mutual agreement and would merely present an opportunity for the Council to place someone on that Board to be a "watchdog." He said Council does have fiscal control of the program and urged them to place physical control of the program in the hands of Task Force, plus six additional members, and review the entire program at the end of, say, one year, Dr. Goldstein said the role of the police in the center is a sensitive issue acrid experience has shown that, in spite of the best intentions of law enforcement officers, the surest way to kill the program would be to have law enforcement officers on the premises. Law enforcement officers elsewhere in the country have found that it is better for their purposes if they do not experience a conflict of interest by attempting to be counselors and remain policemen, Finally, Dr, Goldstein spoke to the issue of financing, which Council must decide this evening, He said the Finance and Public Works Committee meeting of March 3rd had shown people enthused that a compromise solution of $200,000 was reached. He referred to this as a ":political football compromise" and said the Task Force attempted to be realistic in its recommendations and he asked Cot.ncil to consider very carefully the desirability of giving the Task Force the full $250,000, which covers a "bare -bones" prog ram. 489 3/13/72 Kari 3. Collins, 321 Addison, handed a stack of 25 cards bearing names and addresses of supporters of the program to the City Clerk and suggested that the meeting be turned into an open forum, enabling these persons to respond to Councilmen. Clarence Blow, 746 Homer, Task Force member, said the program that has been presented is needed by all segments of the community. Sonny Martin, 3381 Park Boulevard, Palo Alto, requested that the audience be allowed to speak during the time Council is considering this matter. Mrs. Bernard Fuller, 2432 Southcourt, Palo Alto, spoke in support of appropriating funds for the program. Having been actively involved in the drug scene since 19E6 and organizer of the first drug education program in Palo Alto, she said it behooves all taxpayers to support this program and .she wished to pledge her time and accept the addi- tional financial burden the program will place on her as a taxpayer. She asked all Palo Alto citizens to support the program financially. Agnes Robinson, 1765 Fulton Street, member of the Board of Educa- tion, referred to the Palo Alto Unified School District Board's reso- lution urging Council to consider the prevention center and treatment center and fund the complete program. The School District needs the Task Force and the good job it has done and this is an opportunity for both governmental agencies to work together, she said. Mayor Comstock said Council would recess at this point. (Council recessed from 9:42 to 10:08 p.m.) Continuation of Remanin Items on. March 13 Agenda MOTION: Mayor Comstock moved, seconded by Clark, that the re- maining items on the Agenda (items 3, 4, 5, 7, 8, 9 and 11) be con- sidered at this time for the purpose of continuation. The motion passed on a unanimous voice vote. MOTION: Mayor Comstock moved, seconded by Rosenbaum, that items 3, 4, 5, 7, 8, 9 and 1 1. on the Agenda of March 13, 1972 be continued to March 20, !972. The motion passed on a unanimous voice vote. Drug Abuse Task Force £Zeport (continued) „ -- .te a--,��-,s Robert Goodell, 1560 University Avenue, Palo Alto, stated that he stspport?d the program as a taxpayer, Deacon of the First Presby- terian Church, Boy Scout leader and ',somber of the Crisis Interven- tion Center -- Dam'ien House.. One important element, Mr, Goodell 490 3/13/72 mentioned, was that for the program to be effective it must have youth's support and it must live up to what youth expects from it. He said he was personally concerned that a City -run drug abuse pro- gram could scare away the people who need the program most. His experience with two completely different kinds of programs - with the Damien House program and also the Boy Scout program - was that both programs were developed by youth and avoided the "establish- ment image." Mayor Comstock said Council would now consider the recommendations of the Finance and Public Works Cornrnittee, MOTION: Vice Mayor Norton moved, in behalf of the Finance and Public Works Committee, that the City Council adopt the following policy statement: "The City Council, ie recognition of the growing problem of drug abuse in the community and in response t� the need for a comprehensive anti -drug abuse program at the local level, hereby accepts major responsibility for the development, implementation, and coordination of such a. program in Palo Alto and assigns this program a high priority in terns of the commitment of local resources. Further, the Council's objectives in accepting such a role include the reduction or elimination of the physical, psychological, social, and financial costs of drug abuse to the community and individual citizens of the community. " The motion passed on a majority voice vote. MOTION: Vice Mayor Norton moved, in behalf of the Finance and Public Works Committee, that the program to be operated by a non- profit corporation whose Board of Directors will include the present Task Force members plus six additional members nominated by the Task Force and approved by the City Council. The motion passed on a unanimous voice vote. MOTION: Vice Mayor Norton moved, in behalf of the Finance and Public Works Committee, that vacancies on the Board of Directors be filled by the remaining members of the Board, AMENDMENT: Vice Mayor Norton moved, seconded by Beahrs, that the recommendation of the Finance and Public Works Committee be amended to add "and approved by the Council" after the word "Board." Councilman Clark discussed the report received from the City Attor- ney's office concerning whether or not this al:proval would present a conflict of interest for Council in the future. He said that the amend- ment before Council had been considered at the Committee meeting and the 2-2 vote on the amendment at that time had pivoted on this point. City Attorney Stone noted there may have been some confusion re- garding this particular point. He said the law does specifically con - 491 3/13/72 template that non-profit corporations can be set up, the Board of Directors of which may be appointed by the Council, There is a specific provision in the Brown Anti -Secret Meeting Act in which non-profit corporations, where the majority of the Board is appointed by the Council, would be subject to the Brown Act. It seems appro- priate here that if the function of the proposed non-profit corporation is to implement the Council policy with respect to the recommenda- tions of the Drug Abuse Task Force, and if the work of the non- profit corporation will be to use the money that is appropriated for that purpose and no other purpose, that the Council can provide for approval of the successor razernbers of the Board of Directors. How- ever, he cautioned Council, these members of the Board of Directors cannot be Councilmen. Councilman Clark noted that City Attorney Stone's statement repre- sented a modification of the opinion given at the Finance and Public Works Committee. He said he would now be willing to vote in favor of Council ratifying successor appointments to the Board, ;Mayor Comstock noted that he had received earlier protestations of concern from the Task Force on this point. fie stated that he would be willing to hear frorn two members of the Task Force at this tirrie. Molly Fox, 3381 Park Boulevard, Task Force member, said Council had already adopted a recommendation in support of a non-profit corporation. Now they were discussing ratifying members of the Board of Directors aft er the Task Force has picked who will run the center. She said the people running the center will have the best ideas and Council should stay with the Committee's recommendation. She said the Task Force could not accept the idea of ratification of Board members by the Council. Dr. Allan Seid, Task Force Chairman, said the Task Force has stated that the non-profit group should be a truly independent group and the issue is now one of compromise. He said he could not see that this ratification would give the City very much control and he would prefer the control to be by means of program auditing. Rati- fying appointments to the Board does not represent an effective way of controlling funds and expenditures. However, he said, he per- sonally did not object to the amendment very strongly at this point. Mike Fox, 3381 Park Boulevard, Task Force member, stated that he disagreed with Dr. Seid's viewpoint because it seemed that Council would ratify only professional people they were in favor of and would not ratify to the Board of Directors persons they might disagree with on a philosophical basis. This would mean that the Board would not be truly independent, and in three to five years it would become a Ord that consists only of people the City Council members agree with and not a community -controlled operation. He said the Task Force would not participate in such a Board. Mayor Comstock reminded Mr, Fox that the City Council had appointed the Task Force. He further pointed out that City Councils change and 492 3/13/72 suggested that an example of the diversity of City hoards might be obtained by looking at other boards appointed by the Council. The Council is far less monolithic than they are given credit for being now and in the future. Councilman Henderson commented for the record that, having voted against the amendrnent in Committee, he would now support it. He agreed with Councilman Clark that such ratification does not pose a threat to the degree of community control, He said he thought it was "off base" to prejudge who the Council will or will not ratify. Councilman Beravald spoke in support of the amendment. He said he appreciated Dr. Seid's understanding of this point and wanted to be sure that the Board represented a cross section of the community. Ratification presents the best answer, he said: Councilman Pearson quoted from page 3 of the City Attorney's report dated February 28, 1972 which notes that the provision in the Bylaws or Articles giving the City such power of appointment or approval would itself be subject to change at any time in the future by the directors and members of the corporation arid that it is doubtful that the —_y _ ..z_:, ,z+ c-: c? zZ czi 3 :C=iP[iSCz:C to the Articles or �r s6W s iir the r s t,;. ;T 6[ 3 Viii t4 jts VV iv c.1, i tilea at i�Z3'y [i[{�S l iL"liC Vf GiiC Y City, City Attorney S3tline commented that the issue before Council, rather than being the right to consent to the first Board of Directors, is the question of the right to consent or approve the successor directors. In that regard it is appropriate, if it is Counc:l policy to do so, to require that in this instance. Couracilnran Seman spoke in favor of the amendment to the recom- mendation and said the City Aqc•rney['s report makes two important points, First, if the financing of the non-profit corporation were from sources other than public funds then it would be desirable to have a board independent. of the City, but it goes on to say a charge of misuse of public funds might be possible if the City initially funded a complete program and either lost control over the use of the equipment at an early date or failed to take adequate measures to insure than public monies were being expended in the public interest. Dr. Avrarn Goldstein said Council was about to embark on a dis- tressing error in voting for ratification of succeeding members of the Board. Speaking a& an individual who is going to be asked to spend a lot of his time and energy on this program, Dr. Goldstein said that he was not willing to embark on a situation where, one year from now, when the Task Force members nominate board replacernenta these appointments would be ratified by political intervention. He said an independent community board could receive outside funds. 493 3/13/72 arOea Councilman Beahrs commented that unless the electorate is consulted in this program the monies might not be forthcoming in the future because Councils can change at the desire of the people. The amendment passed on a majority voice vote. There was disruption in the Council Chambers, and City Attorney Stone made the following statement: "Disruption of a public meeting is a violation of Penal Code Section 403. This meeting cannot be continued during the course of a disruption and may be adjourned or continued in private after clearing the meeting room. Duly accredited representatives of the press or other newr media, except those parti- cipating in the disturbance, are allowed to attend such a private meeting under Government Code 3495;.9. Violators of P.C. Section 403 are subject to arrest and criminal sanctions." (The meeting was recessed from 10:48 p, m. to 1 1 :10 p.m, ) The motion that vacancies on the Ioard of Directors be filled by the remaining members o: the Board. as amended, "and approved by the Council". passed on a unanimous voice vote. MOTION: Vice Mayor Norton moved, in behalf of the Finance and Public Works CoTrrnittee, that members of t%e Beard of Directors of this non-profit corporation serve without compensation, The motion passed on a unanimous voice vote. MOTION: Vice Mayor Norton *roved, seconded by Beahrs, that the Board include at all times representatives from the following sectors: criminal justice system, business community, medical procession, school district, religious groups, family service organizations, neighborhood associations, and individuals close to the drug abuse problem by reason of their professional training or first-han:.'ex- perience; with this composition of the Board to be included in the Bylaws. Discussion ensued on the language of this staff recommendation, which was considered by the Finance and Public Works Committee, and failed on a tie vote at that time. Councilman C°ark said he would vote against this motion since he considered the Board members would be in the best position to know what sort of expertise they need to achieve a balance on that Board. Councilman Seman said she. would be against the rigidity suggested in this motion and would suggest a substitute motion. SUBSTITUTE MOTION: Councilman Sernan moved that there be in- cluded the following guidelines for composition of the Board: 1. That one third of the membership be from the Palo Alto Unified School District, Stanford University, and Foothill Junior College; 494 3/13/71 2. That one third of the membership represent professionals on drug abuse and members of the community: and 3, That one thirc, of the membership be comprised of users and clients of the facilities. Councilman Sernan said she thought these guidelines would insure more representation of youth than is presently proposed. The substitute motion died for lack of a second. Speaking to the main motion, Councilman Henderson said that he had voted against this item in Committee and would vote against the motion again tonight because he was convinced that predetermined quotas were not needed. AMENDMENT: Councilman Berwaid moved, duly seconded. that the motion be amended to state "that the Board seek to include broad corn- munity representation from the follola,ing sectors", instead of "that the Board include at all times representation from the following sectors", and instead of "with this composition of the Board to be included in the Bylaws", "with this desired composition of the Board to be included in the Bylaws, " Marci Reaven, 818 Tuiriian Drive, spoke in opposition to the amend- ment and said that the people who will be using the drug center have the hest means of saying who can run it, David Aloni, of Palo Alto, said the amendment demonstrates a lack of trust in the Tack Force and Council should indicate whether or not they believe in what the Task Force is trying to do. Charles Schulz, attorney, and member of the Task Force, said he wished to convey to the Council the Task Force's feeling. He spoke of the many allegiances to agencies of the individual Task Force members, and said when this group carne together they dropped these allegiances in working to solve a community problem which they con- sidered to be more important. The guidelines as proposed by the Council bring unnecessary politics into the future composition of the Board and the Task Force asked Council for their trust and believe they were worthy of it. He asked Council not to prejudge the Task Force, but to give them a :_hance, Alice Smith, 428 Los Palos Circle, Palo Alto, stated that in her opinion $200, 000 for a drug abuse program is cheap and the pro- posed requirements are offensive to the stated goal which is to attack the drug problem. ' i'he Drug Task Force are the people who know where its at, she stated. Councilman Pearson stated that she felt Council already had enough control and she was anxious to trust the Task Force and not add this requirement to Board membership. She reminded Council of pre- vious occasions when they opposed detailing membership can a City committee before it was appointed. 495 3/13/72 4 The amendment failed ,3n the following roll call vote: Ayes: Beahrs, Berwald, No: ton, Rosenbaum Noes: Clark, Comstock, Henderson, Pearson, Semen The motion failed on the following roll call vote: Ayes: Beahrs, Berwald, Norton Noes: Clark, Comstock, Henderson, Pearson, Rosenbaum, Seman MOTION: Vice Mayo: Norton moved, in behalf of the Finance and Public Works Committee, that at the time of annual appointments the Board be composed of Palo -- _ �, ..,�� two-thirds P Alto residents. Vice Mayor Norton noted that the present Task Force is made up of twelve residents and three non-residents of Palo Alto. Mike Fox objected to the motion, Amanda Noble, 933 Scott Street, said this motion reject; the people who work in Palo Alto but do not lire in Palo Alto. The motion passed on the following roll call vote: Ayes: Beaters, .Berwald, Clark, Norton, Seman Noes: Comstock, Henderson, Pearson, Rosenbaum MOTION: Vice Mayor Norton moved, in behalf 01 the Finance and Public Works Committee, that all meetings of the Board of Directors be open meetings and i aison members be appointed by the staff and Council. The motion passed -on a unanimous voice vote. MOTION:- Vice Mayor Norton moved, in behalf of the Finance and Public Work Committee, -that the Council support the present Citv policy which mandates an open and positive relationship between the police and operators of all local drug abuse programs, which en- courages referral rather than arreat whenever practicable, and which facilitates the involvement of all -appropriate public agencies in the operation of drug abuse programs and facilities. Mayor Comstock invited Chief Zurcher to comment on this. James Zurcher, Chief of Police, referred to page 49 a) and h) of the Task Force Report regarding Police Department policies and said that the Police Department was in ageeement that these state- ments reflect important elements of any drug abuse program, He 496 3/13/72 said incredible. as may seem, the Police are not equipped to be counselors. Referring to the discussion at the Committee of the Whole meeting, when the Black Diamond Street program in Pittsburg was cited as an excellent program., Chief Zurcher said this particu- lar program has the Police Chief as a member of the Board of Directors and it works very well. He noted that cooperation between the Police and the Board of Directors would be the program's best insurance against harassment and intimidation from other law en- forcement agenciee, Without this Police clearance the other juris- dictions will constartly be investigating the center. He noted that the section of the mot3.on which refers to Police policy of referral rather than arrest of drug abusers is essentially the policy presently a,dherred to. The Police Department will refer drug abusers rather than arrest them unless other criminal matters are involved. AMENDMENT: Councilman P a1rsuc moved, seconded by Henderson, that the mt,tion be amended to delete ", .. and which facilitates the involvement of all appropriate public agencies in the operation of - drug abuse programs and facilities." Janes , 505 Hampshire, Redwood City, spoke against permitting Police to enter the drug abuse center. He said when Police are involved junkies do not come ir, Police Chief Zurcher replied that it was not the intention of the Police Depar:.m.ent to intimidate, harass, survey, or get involved with the CPC or the RPC except by establishing a relationship between the Police Chief and the Director of the facility. He repeated his state - men` that this kind of relationship with the Police is the best insurance of protection the CPC and RPC could have to prevent investigation by Federal, County and State agencies; -with jurisdiction in Palo Alto. s.e said he would like to be personally assured that the center "is clean" any' he would then, in turn, insure that Policemen were not entering the. facility., That is a matter of trust to be developed, he said. C. W. Noble, 933 Scott Street, Pao Alto, spoke in response to Chief Zurcher's remarks and said he did not think there could be an "open and positive relationship" with the Police and that }.i:e-ltrntations being placed upon the program would cripple it. Laura Dow, 461 .Fettle Street, asked how t}:e junkies could be safe from arrest in the renter when people were threatened with arrest within the Council Chambers. You will have a center with no people, s:se said. .ferry; Scrum, 1969-/./2 University Avenue, -spoke of instances when Police had entered homes; and said nobody would go td the drug center with Police there, Amanda Noble attempted to speak and the public addresa system was disconnected. 497 3/13/72 t/ �� Sant Wasserman, Task Force member, referred to page 49 of the Drug Abuse Task Force Report, a) and b), and said these statements accurately describe the needs of this center. The arnendrre ;t passed on a majority voice vote. The motion as amended passed on a unanimous voice vote. Avram Goldstein, Task Force member, asked Council to add as an amendment the verbal statement contained on page 49 of the Drug /buee Task Force Report, section b). 'MOTION: Councilman Clark moved, seconded by Comstock, that the Palo Alto Police Depart-ment institute policies that will help -rather than punish the victims of drug abuse and adopt the following specific policy position: "The Palo Alto Police Department will respect the need for drug treatment and reeabilitation facilities to` operate in an atmosphere free of intimidation. Stay away from such facilities except when required for investigation of a crime or appre- hension of a criminal, and then obtain an appropriate search warrant. Lo not engage in overt or covert surveillance of drug abuse preven- tion or treatment premises, nor in trailing or otherwise harassing the cIi4nts. " Councilman Berwald said he would oppose the addition of this language since it would tie the hands of the City Manager in executing riiatters through the Police Chief. He said that he did not feel the Council should give instructions to the Police before the fact, Vice Mayor Norton drew Council's attention to item q. on page 4 of the Finance and Public Works Committee's Minutes which Ise said would be inconsistent with Councilman Clark's motion. City Manager Sipe' pointed out that q. does not include the Police. it is intended to adroit the City's administration in order to administer the contract that will be drawn up between the Board of Directors and the City of Palo Alto. The motion passed on the following roll call vote: Ayes: Clark, Comstock, Henderson, Pearson, Rosenbaum Noes: Beahrs, Berwald, Norton, Semen MOTION: Vice Mayor Norton moved, in behalf of the Finance and Public Works Committee, that at this point in time there be no restrictions by residence on participation in the drug program. The motion passed on the following roll call vote: Ayes: Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sennan Noes: Beahre. Berwald 498 3/13/72 MOTION: Vice Mayor Norton rnoved, in henalf of the Finance and Public Works Committee, that at this point in time fees will not be charged for. participation in the drug program. The motion passed on the following roll call vote: Ayes: Clark, Comstock, Henderson, Norton, Pearson, Rosen- baum, Seman Noes: Beahrs, Berwald MOTION: Vice Mayor Norton rnoved, in behalf of the Finance and Public Works Committee, .:hat staff be directed to actively pursue whatever funding assistance might be available for a local drug abuse program, whether public or private, so long as there are no conditions placed on the receipt of those funds which are not consistent with the Council's policies and objectives. Councilman Seman expressed concern that this motion relight preclude the Board from actively pursuing funding. AMENDMENT: Councilman Henderson moved, seconded by Pearson, that the motion be arnended to add "in cooperation with the controlling agent," after the phrase "that staff be directed." The amendment passed on a unanimous voice vote. The motion; as amended passed on a unanimous voice vote. :MOTION: Vice Mayor Norton moved, in behalf of the Finance and Public Work Committee, that staff and tha Finance and Public Works Committee be directed to make provisions for financing the Com- munity Drug Abuse Prevention Center, including the services outlined in the Task Force report, in the 1972-73 Operating Budget. AMENDMENT: Councilman Seeman moved, seconded by Berwald. that the motion be amended to delete from the services outlined in tite Task Force Report and included in the motion that the youth community room be removed from the CPC. Councilman Sernan explained the amendment saying that she was anxrieus to keep the center as a place of but:iness for counseling, advising, and referring people with drug problems. She was concerned that the youth lounge contained °within the same facility might become a general gather- ing place for youth. She said she had discussed this point with the staff of the National League of Cities in Washington, D.C., and they had in- dicated that experience across the country has shown that one way to kill a drug abuse program is to have a youth lounge in the same build- ing as the drug abuse prevention facilities. Councilman Pearson opposed the amendment. She said she did not want to see Council detracting from the recommendation and the Board of Directors should decide what they will include in their budget and what they will not. What exactly does the youth community room mean in this context; she asked? She would prefer to see the services offered remain as recommended by the Task Force. Dr. Allan Seid, Chairman, Drug Abuse Task Force, spoke to the amend- ment and said he wished to state that this is a matter the Task Force has discussed. He expressed the hope that Council would not omit the youth community room. Councilman Seman said again that she found the two activities under one roof to be incompatible, Dr. Allan Seid responded further and said that the services the Task Force had recommended were considered to be minimum services in terms of dealing with the drug abuse problem., The Task Force's feeling about the youth community room is that it will be a place where young people can be if they have a drug problem, and it is essentially part of the program. Mike Fox, 3381 Park, Task Ford: member, said that five months of investigation by fifteen people were put into the Task Force Reports. He did not think the Council should start to realign the drug program. tonight. Councilman Beahrs indicated concern that privacy might be denied clients and users of the drug center, Laura Dow, 461 Ferne Avenue, stated Council has already cut back the funds requested and the board of Directors will best say how the center should be run, Clarence Bir,�,�, Task Force member, said Council is forgetting that the unique feature of the program as pr' ?osed is that it is a youth program, invo'ving youth. This means different values have been brought to bear on what the treatment facility should look like. He szid that he hoped that Council would respect the validity and the reality of youth to have a center functioning subject to community control. Tom Greely, Task Force member, stated that, when surveyed at all the meetings held by the Task Force, youth were unanimous in wanting a cornmu ity room inclu-ied. The amendment failed on a majority voice vote. The motion passed on a unanimous voice vote. MOTION: Vice -Mayor i.orton moved, in behalf of the Finance and Public Works Committee, that staff be directed to re-evaluate on=going or proposed municipal programs which either duplicate those services to be provided by the Community Prevention Center or would have a significant impact on the use and abuse of drugs in light of the Task Forces report and recommendations. The motion passed on a unanimous voice vote. MOTION: Vice Mayor Norton moved, in behalf of the Finance and Public Works Committee, that the controlling agent of the Community Prevention Center be requested to coordinate the services of the CPC with the efforts of existing organizations to avoid unnecessary dupli- cation of services and to foster community cooperation. The motion passed on a unanimous voice vote. 500 3/13/72 MOTION: Vice Mayor Norton moved, in behalf of the Finance and Public Works Committee, that the controlling agent of the CPC be directed to investigate the job placement and appropriate counseling functions that are or could be made available by already existing agencies before implementing a separate job placement function of its own. The motion passed on a unanimous voice vote. MOTION: Vice Mayor Norton n owed, in behalf of the Finance and Public Works Cornrnittee, that the City Attorney be directed to re- search and develop the appropriate Articles of incorporation and Bylaws for the independent corporation, including all conditions specified by the Council. Responding to questions from the audience regarding the Articles of incorporation and Bylaws, City Attorney Stone stated the Council does not hate to approve the Bylaws. If the Articles provide for some kind of consent for the Board of Directors' appointrnent by the Council.. the Council is going to have to do that, and also Council will 'nave to ;approve the contract which is going to be prepared and drafted for the operation of the entire program, City Attorney Stone responded to Councilman Seman's question that there is no requirement for Council to approve the original Bylaws. If the Articles and the Bylaws don't meet with Council approval, Council does not have to contract with there. The Bylaws establish the entity with which the Council will contract and by approving the contract the Council will, in essence, be approving the Articles and the Bylaws. The Articles and Bylaws are the opel ative charter of the non-profit corporation and have to he approved by the Secretary of State. The motion passed on a unanimous voice vote. MOTION: Vice Mayor Norton moved, in behalf of the Finance and Public Works Committee, that staff be directed to draft a proposed contract for services to be entered into between the City Council and Board of Directors of the corporation. The contract should contain a scope of services section that specifies those services generally outlined in the Task Force Report, making whatever modi- fications appear appropriate based on Council direction. The con- tract should also specify in complete detail the financial arrange- ment between the City and the corporation and the methoc, of program evaluation and accounting. Responding to request, the following amendment was made. AMENDMENT: Vice Mayor Norton moved, seconded by Henderson, that the motion be amended to insert after the word "etaff" in the first line "in collaboration with the Drug Task Force." The :amendment passed on a unanimous voice voter The motion as amended passed on a unanimous voice vote. 501 3/13/72 MOTION: Vice Mayor Norton moved, in behalf of the Finance and Public Works Committee, that the contract contain appropriate pro- vision to assure that the City Manager or his designated representa- tives will have free and easy access to all facilities. The motion passed on a unanimous voice vote. MOTION: Vice Mayor Norton moved, in behalf of the Finance and Public Works Cortnittee, that the concept of the Residential Treat- ment Center be acceped and be implemented at whatever time deemed appropriate by the Board of Directors. Discussion followed on the amendment made at the beginning of the meeting to item "v" by Councilman Henderson. Councilman Clark expressed the hope that Council would include the Residential Treatrnett Center. complete, he said. Without it, the program is truly in - Responding to a question from Councilman Rosenbaum, Dr. Allan Seid stated that the Residential Treatment Center is seen as a treat- ment center for compulsive users of any chemical. He said the Task Force, in recommending this live-in facility, was talking about the most rseriously ill and persons who are compulsive users of any chemical. Councilman Rosenbaum said that it was his understanding that the Residential Treatment Center is required to get the hard-core addicts off the street, but if the operators of the facility have to be selective there will be some people who taill be rejected and still out on the street. Will we really accotnpltsh what some people believe will be accomplished by this RTC, he asked? Dr. Seid responded, comparing the RTC, as proposed, with prisons or after care centers for parolees. He said the proposedfacility is quite different. Phil Davison, no address given, said that he felt that the motion as stated was subject to Council's final decision on the Committee's recommendation placing a $200,000 limit in the 1972-73 Preliminary Budget for implementation of the drug abuse prograrn, He said he thought the priorities of Palo Alto a - indicated are upside down and not oriented towards people. The motion passed on a unanimous voice vote. MOTION: Vice Mayor Norton moved, in behalf of the Finance and Public Works Committee, the following, as stated by Councilman Henderson: that staff and the Finance and Public Works Committee be directed to examine closely the overall budgeting proposal for the program including the requirements for each job and attention 502 3/13/72 to levels of services and to include a realistic program with a financial magnitude of $20©, 000 in the 1972-73 Preliminary Budget for implementation of the drug abuse program. It being the intent of the Council that the Board of Directors of the Controlling Agent schedule a program adapted to the amount appropriated. Mr. Clarence Blow, Task Force member` reminded Council that the Task Force in making recommendations regarding the drug abuse problem in Palo Alto gave serious consideration to each item before the recommendations were made as well as the budget requests attached to the recommendations. The Task Force did not build in a cushion and the amount requested is for a barebones program. He asked that serious consideration be given to voting for the total budget as recommended by the Task Force. Vice Mayor Norton stated that he believed it was the intention of this motion not to cut the program, but to give most of the money in the first year so that the second phase would not be delayed. Councilman Henderson pointed out that the implementation of the program is going to take time and it was not expected that the full budget would be expended in the first year. Councilman Beahrs spoke of the responsibilities of higher levels of government to consider changing their order of priorities and take on some of the programs needed to solve soiial problems, such as drug abus e. Councilman Clark said he agreed that the Committee's figure of $200, 000 was not intended to discourage the Tank Force. He said he would like to go on record as being convinced that the total budget is going to be bigger next year. Alice Smith, 428 Los Palos Circle, spoke of the "ultimate irony" of having today received notice of undergrounding of utilities in her neighbor- hodd at a cost of $60,000. She said that it seems to be a case of human values vs. property values and the program should be funded with a minimum of $200, 000. Mike Fox apoke to the figure of $200,000 and overall budget cuts as proposed by the City Manager's office. He said the system seems to put profit above the needs of the people, Councilman Clark said ti.'t he did not feel that the program was being cut. He had confidence in the Board to start a program with a budget of $200, 000 and time would prove whether or not this is a realistic figure and the Board of Directors can come back to Council with re- quests for more money if needed to make the program work. Councilman Henderson agreed with Councilmao,Clark. He said this is a minimum budget, not a maximum. 1 guarantees $200.000 im- 503 3/13/72 mediately and does not in any way prohibit Council from appropriating more during the year if it is required. Councilman Pearson pointed out that the Task Force was receiving exactly what it was asking for - $200,000 for a ten month period. Councilman Rosenbaum commented on the remark made about under - grounding utilities and said it had been made clear that Council is not enthusiastic about undergrounding in the neap future and that there would not be further programs. in any case, the funds are not in the same account, he said. The money for undergrounding comes from the utility revenues. The motion passed on a majority voice: vote. MOTION: Vice Mayor Norton moved, in behalf of the Finance and Public Works Committee, that any residential treatment center be exclusively for treatment of Palo Alto residents. He noted that at the Finance and Public Works Committee an amend- ment had been offered to amend this motion to state three-quarters of Palo Alto residents and this amendment had failed for lack of a second. The recommendation to restrict the RTC exclusively for treatment of Palo Alto residents was unanimous. Councilman Clark noted that the School District area is not the same as the City of Palo Alto. He said the RTC is an extremely limited program and he felt that it should be limited at least to a certain extent to residents of Palo Alto, AMENDMENT: Councilman Clark moved, seconded by Sernan, that the motion be amended to read that any residential treatment center. be limited to the treatment of 3/4 of Palo -Alto residents. Counicilman Pearson expressed concern at the possibility of having to tell a person who is in need that the RTC cannot accept thean. She said she did not like to play the numbers game and would not support the amendment. AMENDMENT TO AMENDMENT: Counciln.ar: Clark said that he would modify his amendment to read two-thirds of Palo Alto resi- dents instead of three-quarters. Councilman Sernan,second, agreed. Councilman Berwald said he would propose a substitute motion stating that any residential treatment be exclusively for treatment of residents within the Palo Alto Unified School District. Councilman Reahrs said that Council is dealing with a regional pro- blem and he was anxious to see this PTC applied to Palo Alto residents only. Councilman Henderson said he would vote against the amendment and the original motion and wished to propose a general statement to the 504 3113172 effect that whenever possible Palo Alto residents be given priority in the Residential Treatment Center. Dr. Allan Seid, Chairman of the 'f'as't Force, said the Task Force had discussed this item on a number of occasions. They opposed any residential requirement being placed on the RTC, however the Task Force found Councilman Henderson's statement acceptable. Gene Sackenuaf ? ), Redwc:}d City, said that he came this evening specifically to speak to this proposal to limit the program to Palo Alto residents or Mostly Palo Alto residents. This is denying reality, he said, It does not matter whether or not the people needing help live here. Many people work here or go to school in Palo Alto and people who do not live in Palo Alto are just as involved in what goes on in Palo Alto as are the residents. Molly Fox, Task Force member, said that it has been determined that use of drugs conies from the social conditions under which people live. Drtg abuse has been present amongst the black and third world communities for a long time. Within the last ten years drugs have come into the white middle class communities. She spoke of the "struggle" of the black roman in East Palo Alto and said Palo Alto has a responsibility to those people who work here and live in adjoining communities such as Mountain View and East Palo Alto. Clarence Blow reminded Council that very many young people within the Palo Alto Unified Sch:.aI .District are there on affidavit process. They dc not live in the community, but should benefit from any pro- gram that Palo Alto has. Councilman Clark said it has been proved that a drug abuse program will be most suc,essfui when based in small communities. Palo Alto is very lucky but lots of communities cannot afford programs and hopefully in the future there will be County and State funds to comple- ment this. He said that he viewed Palo Alto's program as a catalyst and hoped to see others started in other cities. He was concerned that if Palo Alto takes on the problem without some restriction it wit/ delay action on the part of the other communities. He said he felt that Palo Alto's program might be used as a lever to get other corn - no -tittles to do the same thing. Carla Vespi, Task Force member, said the best way to accompiie s this is by example. If Palo Alto becomes so selective it will not be a very good example to other communities. Fifteen beds in the Residential Treatment Center is not a lot and Palo Alto already has an image of being exclusive, she said. Perhaps we c'n change that. imag e. Mayor Comstock said he thought that the discussion regarding three- quarters or two-thirds Palo Alto residents is irrelevant, What is realty going to save Palo Alto right easy is that people who are sick 505 3/13/72 are going to be able to go where they can get help. He noted that the San Mateo County Board of Supervisors had voted for a methadone maiatenance program and then, in a separate motion to vote on the funding, voted 2-2, thus eiirninating the possibility of a methadone maintenance program in San Mateo County. What is needed, Mayor Comstock said, is to impress on the San Mateo County Board of Supervisors the need for them to fund a methadone maintenance pro- gram and a detoxification program and then hope that the Menlo Park City Council will do the same thing that Palo Alto is proposing to do, because that's really going to put a block in the dike and stop the flood. Mayor Comstock said he hoped that everyone would engage in lobbying with Palo Alto's neighbors to the north because, as he was sure that everyone was deeply aware, the creek is the boundary where water runs. but it doesn't hive a thing to do with where drugs run. Fernando Vescia, Task Force member, said Palo Alto will receive nationwide publicity when it opens a program th3.t is not limited to residents of Palo Alto, and then he said he hoped to see Federal funds start roiling. Money will not be saved by taking only people from Palo Alto in the RTC. SUBSTITUTE MOTION: Councilman Henderson moved, seconded by Berwald, that the Council recommend to the controlling agent that whenever possible Palo Alto residents and/or enrolees of Palo Alto Unified School District be given preference for treatment in the RTC. AMENDMENT: Vice Mayor Norton moved, duly seconded, that the words "whenever possible" be deleted from the motion. The amendment failed on the following roll call vote: Ayes: Beahrs, Berwald, Norton, Rosenbaum Noes: Clark, Comstock, Henderson, Pearson, Seman The substitute motion passed on a majority voice vote. MOTION: Vice Mayor Norton moved, in behalf of the Finance and Public Works Committee, that the eontrolliag agent of the program be directed to znaintain accurate and complete records of each as- pect of the drug abuse program and to maintain continuing research and investigation into the effectiveness of its own program and into improved methods of treatment and operation. The motion passed on a unanimous voice vote. MOTION: Vice Mayor Norton moved, in behalf of the Finance and Public Works Committee, that staff be directed to collaborate with controlling agent to seek out an appropriate private agency which has the capability and expertise to evaluate such a program and to conduct periodic evaluation of the total effectiveness and methods of operation of the drug abuse program. The motion passed on a unanimous voice vote. 506 cot - 3/13/72 MOTION: Vice Mayor Norton moved, seconded by Berwald, that the sites for the CPC, RTC and any facilities needed to carry out the program be approved by the City Council. The motion passed on a unanimous voice vote. MOTION: Vice Mayor Norton moved, seconded by Comstock, that the Council direct the Mayor, working through the later -City Council and the City's representative on the County Board of Supervisors, and the staff, working through appropriate County channels, to peti- tion for the establishment of the secondary treatment programs con- tained in the Task Force Report as well as a leadership position from the County for appropriate counseling, training, and detoxification programs and facilities. - The motion passed on a unanimous voice vote. City Manager Sipel expressed concern about further staff recom- mendations on which the Finance and Public Works Committee had not taken action, He said that some of these matters require direction from Council and perhaps they should come back to Council later, Specifically Mr, Sipel referred to items 25, 27, 28, 29, 30 aiA 31 of CMR:201:2 dated March 7, 1972. Further discussion ensued regarding these itetirr_ . MOTION: Councilman (:lark moved, atcunded by Norton, that all iterne outstanding be referred back to the staff for collaboration with the Task Force and to be returned to Council for Council t.ction at a later date, The motion passed on a unanimous voice vote. Journ!nent The meeting was adjourned at 1:30 a. n?. APPROVED: Mayor ATTEST: 507 3/13/72 7