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HomeMy WebLinkAbout08141972MINUTES city of palealto August 14, 1972 The City Council of the City of Palo Alto set on this date at 7:35 p.m. in a regular meeting with tyor Comstockpresiding. Present: Beahrs, Berraald, Clark, Comstock, Henderson, Norton (arrived 7:44 p.m.), Pearson, Rosenbaum, Semen Absent: None Minute of Jul. 24 1972 Councilman Henderson referred to Page 236, first paragraph on this page, and said he believed that these remarks were made by Councilman Beahrs, and the minutes should so state. MOTION: Mayor Comstock moved, seconded by Pearson, that the minutes of July 24 be approved as corrected. The motion passed on a unanimous voice vote. Minutes of Ju3y 31, 1972 Mayor Ccrestock noted that a verbatimtranscript of the item concerning Open Space is on file in the City Clerk's office. Councilwoman Pearson referred to Page 258, the item concerning the At►imal Services Program. She requested that the following be inserted after the title of the ordinance: "Councilwoman Pearson expressed strong indignation regarding the obvious and blatant opposition by the Veterin- arian Medical Association to the City -owned spay and neuter clinic. She further fait it would be insulting to anyone who might want to take advantage of the City's spay and neuter facilities to be required, as advocated by the Veterinary Medical Society, to prove oneself poor, elderly, etc. The only way to do this would be by the use of an income tax statement. She further noted that the present veterinary fees for spaying one small dog would begin at fifty dollars and one cat at forty dollars, which is extremely exorbitant." Councilman Henderson also requserted that his statement of 7131/72 be added. to Page 258 following the statement evade by Councilwoman Pearson. "Councilman Henderson spoke criticeliy about the failure of local veterinarians to support the City's spay end neuter clinic and specific- ally criticised the demand by the veterinarians . that use of the City's services be based upon need .in terms of the income, age, and health of the pent owner." On Page 256, fifth paragraph, second lints Councilman aendexson noted an error and asked that the word "not" be removed so that thie 'pbraae reads, "...and precedent does exist to have board members paid by the City." 262 6/16/72 MOTION: Mayor Comstock moved, seconded by Pearson, that the minutes of July 31 be approved as corrected. The motion passed on a unanimous voice vote. Minutes of August 8, 1972 Mayor Comstock held on August on the agenda. MOTION: Mayor of the special raised for approval the minutes of the special meeting 8, 1972, which had been distributed but were not listed Comstock moved, seconded by Pearson, that the minutes meeting held on -August 8, 1972, be approved as submitted. The motion passed on a unanimous voice vote. Chane of District of Property --1176 Emerson Street rr at on enter MOTION: Councilwoman Pearten introduced the following ordinance and moved, seconded by Henderson, its approval for first reading: "ORDINANCE CF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.030 OF THE PAMC Tc) CHANGE THE ZONING OF CERTAIN PROPERTY KNOWN AS 1176 EMERSON STREET FROM R-2 TO P -Cs SUBJECT TO CONDITIONS" The ordinance was approved for first reading on a unanimous voice vote. Palo Alto Youth Delegate to Town Affiliation Conference MOTION: Councilwoman Semen moved, seconded by Beahrs, that Item #21 on the agenda be consid=:red out of ordet-at this time. The motion passed on a unanimous Voice vote. Councilwoman Sernan recognized Don Freiberg in the audience and asked him to stand. - She noted that Don is one of the Palo Alto students who recently visited Oaxaca, Mexico, and these students there were asked to select a delegate from their group to go to Seattle, and their choice was Don Freiberg. MOTION: Councilwoman Semen moved, seconded by Pearson, that Don Freiberg be designated as the Palo Alto Youth Representative to the fourteenth Town Affiliation Conference to be held in Seattle from August 16-19, 1972. -The motion passed on a unanimous voice vote. Final Condominium Subdivision MAp(s as Casitas +0.c oad an - sar argon Road MOTION: Councilwoman Pearson moved, seconded by Rosenbaum, to uphold the recommendation of the Planning Commission and approve the applica- tion of Jones-Tilison 6 Associates, Civil Engineers, for C -L Associates 2-4 3 8/14/72 (owners/subdividers) for a Final Condominium Subdivision Map (Las Casitas) (35 units) located at the easterly corner of Middlefield Road and Charleston Road. The motion passed on a unanimous voice vote. Final Condominium Subdivision Ma t roug .. oe treet P MOTION: Councilwoman Pearson moved, seconded by Norton, to uphold the recommendation of the Planning Commission and approve the application of W. G. Yourieff for Gordon Dowsett for a Final Condominium Subdivision Map (7 lots), Tract 5215, located at 309 through 321 Poe Street. The motion passed on a unanimous voice vote. Site and Desi n District A rovai----1000 East Meadow Circle M&;TION. Councilwoman Pearson ilnoved, seconded by Norton, to uphold the recommendation of the Planning Commission and approve the application of V. F. Batton & Co. for Site and Design Districtapproval at 1000 East Meadow Circle subject to conditions recorded in the July 26, 1972, Planning Commission minutes. The motion passed en a unanimous voice vote. Extension of P -C District Develo anent Schedule --- an Antonio venue MOTION: Vice -Mayor Norton introduced the following resolution and moved, duly seconded, to uphold the recommendation of the Planning Commission and adopt the resolution: , RESOTUTION NO. .632 ENTITLED, "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING ORDINANCE NO. 2568 AS AMENDED BY RESOLUTION NO. 4500 TO FURTHER EXTEND THE DEVELOPMENT SCHEDULE FCR THE P -C DISTRICT AT 53 SAN ANTONIO AVENUE." The resolution was adopted on a. unanimous voice vote. uest of YAC for Approval to Co -Sponsor Rock Concert` MOTION: Councilman Henderson moved, duly seconded, that Item #6 be tabled until later in the evening. The motion passed on a unanimous voice vote. New Animal Services and Placement Center--- 417."at onr� cmtrc. n an�erous an ld ma s nc u ,ng s : MOTION: Mayor Com4tock introduced the following ordinance and moved, seconded by Norton, Its adoption: 264 6/14/72 ORDINANCE NO. 2669 ENTITLED, "ORDINANCE OF THE COUNCIL OF THr, CITY OF PALO ALTO AMENDING SECTIONS OF CHAPTERS 2.08, 4.04, 4.18, 6.04, 6.08, 6.12, 6.16, 6.20, 6.28 AND 6.32 OF THE PAMC REFLECTING CHANGES REQUIRED BY THE OPERATION OF THE NEW ANIMAL SERVICES AND PLACEMENT CENTER AND ADDING REGULATIONS CONTROLLING DANGEROUS AND WILD ANIMALS INCLUDING DOGS" (first reading 7/31/72) The ordinance was adopted on a unanimous voice vote. Provision for Duration of Variances =mew N•milimmmomppm=mimmwm. MOTION: Mayor Comstock introduced the following ordinance and moved, seconded by Norton, its adoption: ORDINANCE NO. 2670 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING SECTION 18.90.160 TO THE FA.MC TO PROVIDE !FOR THE DURATION OF VARIANCES" (first reading 7/31/72) The ordinance was adopted on a unanimous voice vote. Chan -,e of Classification of Certain Prorert- Located li? tie t1' O .? O 1771 SOgtne'r. J t{ cute E� MOTION: Mayor Comstock introduced the following ordinance and moved, seconded by Norton, its adoption: ORDINANCE NO. 2671 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.030 OF THE PAMC (THE ZONING MAP) TO CHANGE THE CLASSIFICATION OF CERTAIN PROPERTY LOCATED IN TFIE CITY OF PALO ALTO SOUTHERLY OF ROUTE 280 FROM P -C, R--E-A AND A -C TO 0-S AND FROM R -E -A TO P --F" (first reading 7/31/72) Councilman Berwald commented that he would hope that staff and this Council would look favorably upon granting reasonable variances within the spirit, but perhaps not the letter, of the ordinance for those properties less than ten acres. He said they are talking about 3.5Z coverage of some of these smaller parcels. Councilwoman Pearson said she could not commit herself to supporting any variances wail they actually come before Council and she could review them. She said she would be happy to look at everything that comes before Council. Councilman 3eahrs made a comment referring to the Committee for Green Foothills' letter to Senator Holmdahl dated August 2,_ regarding the "emerging Live in Fremont --Work in Palo Alto syndrome." He said in his opinion more traffic will be seen in Palo Alto because of the. apparent reluctance to develop housing in this town. The ordinance was adopted on a majority voice vote with Councilman Beahrs voting "no." 265 8/14/72 Salary and Fringe Benefit Pro ram for Certain tkolice Department Empioyees ( :399:2) City Manager Sipel advised Council that this action will complete Council's action on the general subject of salary and fringe benefit programs for employees. There will be procedures for changes in the merit rules coming before Co'incii in the next few weeks. MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Henderson, its adoption: RESOLUTION NO. 4633 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ADOPTING A COMPENSATION PLAN FOR POLICE NON- MANAGEMENT PERSONNEL AND AMENDING SUBSECTIONS C AND C OF SECTION 2 OF RESOLUTION 4629 (THE COMPENSATION PLAN FOR MANAGEMENT AND COUNCIL APPOINTEES) FOR THE FISCAL YEAR 1912-1973 (EFFECTIVE JUNE 26, 1972)" The resolution wa; adopted on a unanimous voice vote. Appointment of Assistant City :Managers (CMR:404:2) City Manager Sipel stated that on July 10, 1972, the City Council approved the City's administrative reorganization plans. Amoy.; the positions crucial to the success of the new organization are those of the Assistant C='.ty Managers. He would therefore like to submit the names of Charles E. Walker as Assistant City /tanager responsible for Social Services, and Warren L. Deverel as Assistant City tanager responsible for Physical Services, and recommend to Council confirmation of the appointments. MOTION: Mayor Comstock moved, seconded by Serwald, that Council confirm the appoietwent of Charles E. Walker and Warren L. Deverel as Assistant City Managers. The motion passed on a unanimous voice vote. Use of Biocides (C : 395:2) dinsim usommes City Manager Sipel referred to the staff repert on the use of biocides and said that this evening staff would like to tsake a brief presentation, including slides, to supplement this written report. He stated that Mr. Deverel and Mr. Mickey Haug were responsible for the report and for the imp1.ecention of putting the plans iii the report into operation io the field. Mr. Warren Deverel, Assistant City Manager, reminded Council of the objectives cutlthed in the staff report .with respect to the use of biocides. He stated that Mr. Haug has been given overall responsibility for the use of any biocide in the city. He Maid the slide presentation would show graphically three general areas of interest: 1. That which the City is trying to protect with landscaping and general appearance; 2. Problems encountered in trying to preserve this; 3. Some of the procedures and techniques the City is using in protecting these facilities. 266 8/14172 He said the City of Palo Alto is well known for its appearance --parks, trees, flowers, lawns, golf course --all of which need to he protected from weeds and pest infestation. Marshall Haug, Superintendent of Parks for the City, then made commentary on the slide presentation as it was shown. Mayor Comstock thanked staff for the interesting report and extended his gratitude that year -in and year -out Palo Alto has the best street plantings and flowers around. Councilman Rosenbaum said that he noticed ladybugs mentioned in the report and thought there was some controversy about whether or not they are effective. Mr. Haug responded that ladybugs were used as an experiment and that he felt they were lost mostly to birds rather than flying back home. He said they were put out in the evening, and the next day hundreds of birds were around the trees. Some of the trees were cleaned by the ladybugs, but when they got through, they flew to the neighbors and didn't come back to the next brood of aphids. He said the City is not ruling out the idea of using ladybugs tr cut down the use of sprays. Councilwoman Pearson mentioned that last spring a program was presented at the Palo Alto School District by two people on how to use methods other than toxic materials for insect control. She asked if Mr. Haug were aware of what they were advocating. Mr. Haug responded that he was at the program. He said that he is working with Dr. Robert J. Lyman of the Palo Alta Unified School District and Dr. Sidlow, the chairman of the biocide commission at Stanford, in trying to work out a pest manage- ment program in a certain part of the city. He said they plan to pick out a certain part of the city and try to control one insect, i.e. aphid. He said the idea is that everybody in that general area would use the same application, have the same standard, etc. Councilwoman Pearson then asked why the City continues to use 2-4-D and Slo-Gro. She said there are people who realize these retardants are used on trees, and it annoys them because they want the trees to grow. Mr. Haug responded that Slo-Gro is used only on the Drake Elm. Other- wise these trees would have to be trimmed three or four times a year. The bottom growth is sprayed early in the spring, and it retards the growth for the whole year. It has been very successful. It is being used extensively in turf areas and median islands where there is a problems of growing grass. It can cut mowing from once each week to once every three months, resulting in considerable savings. Councilwoman Pearson said that on the park north of Lytton, weed abatements had been used on those lots and asked if the City were con- tinuing to do that. Mr. Haug responded that the only, weed abatement that is used is Trierec. The probleM with Trimec or 2-4-D is the toxicity is not as great, but it destroys nearby plants. 2--4-A destroys broad leaves. The City is very careful to use it only in open areas such as the golf course or bowling gree=n. It is mostly used on a contractual basis, because con- tractors have a rig which keeps it very low to the ground and confined to a „mall area. The City's program is to control, not to destroy; so we are willing to live with a few weeds. 2 6 7. 8/94/72 Councilwoman Pearson asked why the Modesto Ash trees looked so bad. Mr. Haug responded that this year we had early warm weather, and they budded out; then we had frost which knocked the buds off. Then the rains came and infestations of anthracnose. Warm weather kills this fungus so that now most of the Modesto Ash trees are green. Vice -Mayor Norton asked what kind of soap is used to spray aphids. Mr. Haug responded that Basic H soap or green soap that maintenance people use in the City of Palo Alto is used. Soap coats the leaves and suffocates the aphids. It needs to be a low -detergent soap. See Page 305 Councilwoman Pearson said that she feels that one of the things that is lacking is communication with the public and that this is an interest- ing report. Many times people don't know which chemicals to use and which to avoid, or how to dispose of them. She felt this might he the subject of an interesting small booklet that the City could put out:. Mr. Haug responded that almost everybody realizes the importance of pesticides, and everybody has to be involved. He said we can use all the nontoxic materials, but if our neighbors do not, we are such a small percentage that our part is small. Re uest of Youth Advisor Council for Alroval 0 0- onsor a< .oc oncert w t e .,,onnection teerin-�C"a �"�or t e ene t :� .e anne y g ction (CMR :401:2 ) Mayor Comstock noted that the YAC members who wish to speak are now present. MOTION: Mayor Comstock moved, seconded by Berwald, that Item /6 be taken from the table. The motion passed or a unanimous voice vote. Mayor Comstock'stated that he indicated earlier that the Council had a letter of August 9 from Robert Harker, Acting Chairman of the YAC, and the City Manager's report, and in addition Council members have received today a letter signed by three members of the YAC. He asked YAC repze- sentatives to introduce themselves and tell what was behind their request. Robert Harker responded by saying that the YAC requests the City Council to allow YAC to coesponsor a rock concert in connection with the high school drop -in center now ran by volunteers. This used to be a City Recreation Department program, but that didn't work out. He said the vo1un.eer program has been very successful so far. They are starting a garden and have a small concession., They have organized two concerts ao far which have been successful. These previous concerts were co- sponsored by the e ecreetion department, and the school district requirea that the group have a goverment body as a sponsor. They have tried to ,get different sponsors such as the police department and the Santa Clara County Mental Health Association, but both were reluctant to do it. The Connection has been in existence for six teonths. It was originally thought up by the high school teachers -and students at Mayfield High School. They invited the recreation department to come in, but then the City department took the.program over and said it was their program and did not stick to what the Connection thought was the original agree- ment; s9 trey were asked to leave. With their leaving, a sponsor was lost. He stid:the Connection has been quite successful, because students have been able to participate in it, but it takes money to run the program. 2 6 8 8/14/72 Mayor Comstock asked if Councilman Henderson, as YAC Council liaison, had any statements to add. Councilman Henderson said he could only add a few impressions. Repre- sentatives from the Connection have appeared at three YAC meetings so far. After each meeting he said he has been left with more Questions than he came in with. He said he built up the feeling from these meetings that possibly the YAC was being used. There seemed to be interest in having YAC co-sponsor the concert in order to obtain the use permit front the school district, but not participate in planning the -actual program. He said the meetings left him confused. He said he had called the school administration and found that after the recreation department withdrew, apparently some parents were issued a permit to operate the Connection for thirty days. He asked for a comment from staff about the statement in the letter that was distributed tonight by three YAC members to the effect that the City will have no financial responsibility or public liability for the concert and asked if that could be guaranteed. City Attorney Stone responded that the question of financial responsibility is answered by saying that the City would be £inancialAy responsible for anything that occurred at a co -sponsored event. This is ordinarily taken care of by a contract which requires insurance indemnity. If the City is permitee of the premises, the City is going to he responsible. Councilman Henderson asked for input from Mr. Walker and/or Mr. Sigel as to why the City. has recommended refusing co --sponsorship. Assistant City Manager Walker stated that the position the staff finds itself in on this issue is difficult, because it shares completely the objectives that the YAC Task Force has identified for this program. When the City became involved last May, it shared with participants the desire to have a program that would be determined by the participants in the program, yet maintain minimum standards. The program operated about two months withstudents of the continuation school maintaining relationship through a part-time staff member of the continuation school who served as the on -site director of the program. Difficulties arose between the City and the on -site supervisor, who was apparently unwilling to respond to any direction from the City or deal with violations of certain basic community standards of conduct. The on -site supervisor's employment was subsequently terminated. Then the individual came on the scene and began to sabotage the program through his influence ou the participants. The City found this to be an unworkable situation and chose to remove itself from the program. Subsequently the students and this staff membe robtained a permit which expires this Thursday, and the school district is not contemplating renewal of the permit. The City remains interested in responding to a reed in the community for this type of program. It is eager to hire the type of staff somber it thinks can relate well with the students and also to provide students an opportunity to participateinthe selection of the staff member. Staff is currently working with the school district to see what opportunities there light be to develop a program of this type when school opens in the fall; Councilman Henderson said that this depth of information was not avail- able at the time of the YAC meetinas, . and the recreation: department has stated that it would be willing to go hack to the original program they had in mind for the Connection, which follows the long-range program recommended by the YAC :ask Force. The people at the Connection have said "no." He asked for comments from Mr. Harker as to why they are retaining this strong feeling. 2 b 9 8/14/72 Mr. Harker responded that the main reason is that the recreation department was acting on their own without consulting the steering committee which came up with the original idea. The director was terminated, and the steering committee was not even notified until afterwards. The recreation department did not allow the people who had designed the program,to work on it. Their strong feelings are based on a lot of little things. Councilman Beahrs said that he was less than encouraged by most of what he had heard tonight. He said he was disturbed to have a program of this character largely promoted and developed by a professional promoter, especially when this individual was connected with the programs at El Camino Park where the City had problems. .He said he was concerned that when high -gear professionals promote an affair of this character, they are out to make money and don't care how and will advertise it all over the Bay Area. It will not be a Palo Alto affair but will be for the whole region. Such an affair will not be easily -policed. Mr. Harker responded that they have had two other very successful rock concerts, the first one produced by the same person proposing to organize a third concert. He said for one third of the profits to go to the Connection is fair, because the promoters have to pay the bands and Dther expenses. Councilman Beahrs asked how ouch the City of Palo Alto will recover if we have "a fiasco." We could have thousands of dollars in police expense. Councilman Berwald asked for clarification of whether this request is coming from the YAC or from an ad hoc group of the YAC. He said the two letters seem to contradict the minutes. Mr. Harker replied that he helped write both letters and didn't see the contradiction. He said it is an official YAC request. Mayor Comstock asked if Robert Harker were intending to convey to Council action that was taken at the YAC meeting of August 3, which was the motibn that passed which suggested that the YAC co-sponsor a rock concert, etc. Mr. Harker responded in the affirmative and added that the vote was nine to one, with two abstentions. Mayor Comstock said that it seemed to him that there are several problems here. We can probably speculate on how well something like this will turn out, which may not be as important as the fact that the organizational link between the City and the Connection has been severed. The status of the Connection with the school district is tenuous. Relationships have to be established with the school district and with YAC, which is in a difficult spot because -they vent to proceed with this event. ,He said he felt that the City should not try to work out difficulties and co-sponsor a concert at the same time. He said he WAS not too concerned with the producer if he is approached with an organized effort and there is some support and'cohesiveness between the. groups who are going to make the arrangements with.hit. -He said he is not Satisfied that we are in that position now, and it is with con- siderable regret and hornest concern that he would have to tell the YAC that he couldn't support this . request until he is satisfied that they and othet organizations are oz a better footing,. Vice Mayor Norton said that he was advised by a minority member of the YAC that the vote was closer than nine to One, and his mama con ern is • 27© 8/14/72 an apparent requirement by the school district that a public agency be sponsor or co-sponsor. He esked why the school district doesn't be that co-sponsor rather than asking the sponsor to find another public agency. It appears on the face of the matter that the property owner, the school district, appears unwilling to be the sponsor. He said he finds it strange enough to be bothersome. It is the City Council and not the YAC ultimately who is being asked to go on the hook for the responsibility of this and to turn over 70% of the proceeds to the promoter and only a small amount to the charitable purpose involved. He said he doesn't think Council needs to take a position of good or bad on the idea of a rock concert or the purpose of the proceeds to sponsor a drop -in center. He said he would be inclined at this paint to vote against it and asked if Tory Seedman wanted to speak to this. Tory Seedman, YAC member, said that he was for the proposal when it came up. He said some members of YAC did not know who the promoter was or that it was going to be a 70-30 deal. They were faced with the proposal at a meeting and were asked to read it at the meeting and then vote. YAC had taken the view that the recreation department was at fault. Tory said he felt that a YAC revote would compieteiy reverse the situation, and there would be only one person nowlroting for the proposal. YAC had no knowledge of the supervisor's problem with the City. Plans for the drop -in center were identical except the recrea- tion department said they didn't want pot smoking and beet drinking. Councilwoman Pearson said that following tonight's testimony, it would be difficult for her to think about sponsoring such a thing. The messiness of the organization is just too touch, and she didn't feel the City Council should be involved. She said she felt annoyed with the school district because they won't take responsibility and yet ask the City to do it. She said she hoped that if they straighten it out, YAC can come in with another proposal. She said a:; far as professional management iR concerted, there have been several concerts over the last few years, most of which we didn't know were occurring. There were not many instances of problems, except for the one which was "notorious." MOT/ON: Councilwoman Pearson moved, seconded by 3eahrs, that Council reject the request of the YAC for approval of co-sponsorship of a rock concert. Robert Harker said the school district's refusing to co-sponsor is a. matter of policy. Any group of people outside of school can apply for use of school facilities, but the school district cannot sponsor the event. The 1otivi, to reject the request passed on a unanimous voice vote. Abandonment of Easement for Pedestrian Walkaa rom or n -tin or c oo to ar an r ve ( HR:402:2) Mayor Comstock said the staff report before Council proposes abandonment of this pedestrian walkway aizer Council has considered the matter at an advertised pu',lic hearing. He said that the resolution before Council is a resolution of intention only and contains a blank for the hearing date. He asked what date ,staff would suggest. City Manager Sipel said it would depend on when Council is going to have a meeting in Septembo r. The first appropriate time would be September 5, but if Council is not going to meet on that date, then the first time that it could be considered would be September 11. 271 8/14/72 MOTION: Councilman Beahrs introduced the following resolution and moved, seconded by Comstock, adoption of the resolution and setting the hearing date as September 11, 1972: RESOLUTION NO. 4634 ENTITLED "RESOLUTION OF THE COUNCIL 9F THE CITY OF PALO ALTO DECLARING ITS INTENTION TO ORDER THE VACATION OF AN EASEMENT AND SETTING A PUBLIC HEARING THEREON" In response to Vice -Mayor Norton's question, it was established that the Planning Commission hearing is set for August 30. Vice --Mayor Norton then asked if there is a device short of outright abandonment which would make sense. He said he hates to abandon interest in real property unless there is a clear purpose. Assistant Cit:f Manager Walker stated that staff has considered this and has concluded that the best action is abandonment. The City has al easement, not clear title to the property. Anything less than abandon- ment would have a potential for becoming a nuisance. Councilman Rosenbaum asked ghat taking this action would coar2it Council to doing. At what point could Coincti der -id, it didn't want to abandon the easement, City Manager Sipel replied that passage of the resolution commits Council to a process that could be terminated at the time of the public hearing should Council decide not to abandon the alley. Tonight's action simply sets in motion the process by which the alley can be abandoned if Council so elects. Councilman Rosenbaum then asked it Council could hold in abeyance the final step. City Attorney Stone responded that the consideration of the abandonment could be continued for a lengthy period of time until Council finally wishes to take up the matter. Councilman Rosenbaum said the reason he raised this point is that there might be some question about the wisdom of closing that alley. Last year was a bad year. That path has been used for a great many years. Perhaps when a public hearing is held, there might be a good deal of opposition. He said while he felt this action should be taken tonight, Council should remain flexible. Councilwoman Pearson said she had some concern about Council's taking this action prior to meeting the 'requirements of a hearing by the Planning Commission. It seems rather than pass this, Council should wait and see what the Planning Commission is going to recommend after hearing from the residents. The resolution was adopted on the following roll call vote: Ayes: Beahrs, Berwald, Clark, Comstock, Rosenbaum, Semen Noes: Henderson, Norton, Pearson MOTION: Mayor Comstock moved, seconded by Berwald, that the proposed abandonment be referred to the Planning Commission for its consideration and recommendation to Council, .The motion to refer passed on a unanimous voice vote. 272- 8/14/72 Ra ort of Atto p Re Cha;: es rn to out �=Cit sort' oun:; - +eaaceras�a.00w.w..ts. Mayor Comstock indicated that Council had before it the City Attorney's report and a draft resolution as a result of Council direction. Councilman Henderson said he would like to make one slight wording change on Section 1, next -to -last sentence, which read, "It shall initiate study and research on such subjects of interest to Palo Alto youth and make recommendations on subjects to the City Council." He asked that the word "such" be deleted from before "subjects of interest" and added before "subjects to the City Council." It was agreed that this change is in order. MOTION: Councilman Henderson introduced the following resolution and moved, seconded by Beahrs, its adoption: RESOLUTION N0. 4635 ENTITLED "RESOLUTION CITY OF PALO ALTO MAKING CERTAIN CHANGES ORGANIZATION AND PROCEDURES OF THE YOUTH REPEALING RESOLUTION NOS. 4406 AND 4586" OF FHE COUNCIL OF THE IN THE DUTIES, POWERS, ADVISORY COUNCIL AND The resolution was adopted on a unanimous voice vote. Report of Cit Attorr.e Pro osli Cixr. es a to the 'raxica r nance City Attorney Stone said Assistant City Attorney Steve : cMcrris would speak to this item. Mr. McMorris cai.led Council's attention to the copy of the proposed ordinance changes. He said the ordinance referred to "taxicab" provisions, but it actually concerned all vehicles for hire. Recently, the City Attorney's nr°ice had occasion to review Chapter 4.42 of the PAMC and felt that certain changes were in order. Mr. MCMorris pointed out the two main changes woul<S be the new proposed Subsection 2 under 4.42.190 dealing with ex -offenders and the following section which deals with certain serious vehicle violations. Staff feels that the absolute dis- ability of any ex -Melon or other offender is at :least unreasonable. Both President Nixon and President Johnson have stressed the need for job opportunities for ex -offenders, as well as Chief Justice Burger. The local cab company would have the f iz..1 word on hiring of such individuals, but the changes represent necessary local steps that should be taken. Councilwoman Pearson commented that this was the first time she had seen such a good report on the taxicab companies in Palo Alto. She raised a question regarding the monopoly which Yellow Cab Company seems to have with thirty cabs vs. Barron Cab's nine. She asked if the two companies are `1i ted to that number or if they can get more. Mr. McMorris more if they to have more vehicles are Park. responded that they could come before Ce ncil and ask for needed more._. Nothing is precluding Barron from requesting cabs in the city. however, all thirty of Yellow Cab's not operating in Palo Alto. They also operate in Menlo Councilman Beahrs stated that he supports the general philosophy, but on the other hand, as' he understands the proposals, the only person who 2 7 3 8/14/72 will be denied a license or employment is the person who was convicted if the person were driving a motor vehicle at the time the offense was committed. He asked if we should go so .fer as to permit every person who has been guilty of acts or threats of violence to drive a cab. Where violence is employed by anyone or threatened, they are through as far as he is concerned. Mr. fcMorris said he agreed in spirit; however, in that situation, if we are talking about a felony, in most instances the Chief of Police would have an opportunity to look at the person's record, and if the individual concerned had no record of violence for six or seven years, perhaps he should have the opportunity to drive a cab or bus. Councilman Beahrs said then it largely rests with the discretion of the Police Chief, and if he has any reservations or concerns about the person's rehabilitation, he probably would not recommend hiring the man; He said he thought that was the answer. Mayor Comstock asked if. there were a representative of a Ioca'_- taxicab company who wished to speak. Mr. Michael Demeter, Yellow Cab Company, 1841 Bay Road, East Palo Alto, spoke in favor of the proposed ordinance changes. MOTION ; Mayor Comstock introduced the following ordinance and moved, seconded by Norton, its approval for first reading: "ORDINANCE CF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CERTAIN SECTIONS OF CHAPTER 4.42 (TAXICABS AND OTHER VEHICLES FOR HIRE) OF THE PAMC REFLECTING CHANGES TO PROVISIONS FOR DRIVERS' PERMITS" (Second reading 8/28/72) The ordinance was approved for first reading on a unanimous voice vote. The Council recessed from 9:16 to 9:42 p.m. Site and Design Control. 777 San Antonio Avenue Mayor Comstock stated that this matter was continued from July 10, 1972, and the Planning Commission by unanimous vote reeoPmends denial of the application of the Beall Company for Site and Design Control approval at 777 San Antonio Avenue. Council is in receipt of a detailed set of drawings, and each Council member received a letter_front Mr. John Beall. Two people wish to address Council on this subject, Mr. Beall and Claude Fernandez. Mr. John L. Beall, 777 San Antonio Road, Palo Alto, read a letter which had previously been sent to Council explaining the background of their request for the Site and Design Control approval. ;:laude Fernandez, President of the Retail Store Employees Union, Santa Clara County, 84 S. First Street, San Jose, spoke against approval, expressing opinions against discount -type operations in general, and K -Mart in pact.icular, on such matters as poor working conditions, long hours, low pay, and nonunion employees. Councilman Beahrs stated that he was rather cold on the Planning Commission's reasoning and would like to hear from Mr. Klein. 274 8/14/72 Lawrence Klein, Vice --Chairman of the P1a:ining Commission, reviewed the Commission's recommendations expressed I,y Mr. Knox in his staff report. He also quoted the minutes of July 10 on this subject (page 228) . He said that other matters of concern were that the environment of sur- rounding homes would be lessened. Loading docks and trash collection facilities would be a nuisance for the surrounding residences. Hovering over all of this is the pending rezoning of this property which has to be considered to some degree.. Councilwoman Pearson commented that she supports the denial recommendation and thinks there are other reasons too, such -as she is not in favor of establishing any more shopping centers to compete with present shopping centers. and downtown Palo Alto. The county is overzoned already for commercial. Cities should rezone -present commercial back to some other zoning. She felt San Antonio Avenue is overburdened with commercial already, and we have an obligation not to use up land for commercial purposes. M9TIDN: Councilwoman Pearson -moved, seconded by Henderson, to uphold the recommendation of the Planning Commission and deny the application of the Beall Company for. Site and Design Control approval at 777 San Antonio Avenue. The motion passed on a unanimous voice vote. Re nest of Councilwoman Pearson for Steidz2L o ilit • o' -downed Am6u1ance Sevice Mayor Comstock commented that subsequent to introduction of the item, which was placed on the agenda by Councilwoman Pearson, Councilman Rosenbaum circulated to Council an article from the SATURDAY REVIEW of May 13 which speaks to the same subject, and in addition, there was an editorial of the subject this evening in the paper. Councilwoman Pearson commented that she'had read the article sent by Mr. Rosenbaum and the editorial, and believed that her motion outlined in her memo to Council of July 26 should be broadened so that staff has a broader base and more flexibility;> in determining what -they can come. back with to Council. MOTION: -Councilwoman Pearson moved, seconded by Eerwald, that the subject of a review of city -owned ambulance system or other systems similar - be referred to the staff fur feasibility study and such etudy be returned to the Council. Councilman Aerwald commented that in seconding he supported the broadened motion much more than he would have the original motion. He said he is not particularly interested in the City's owning but is more - interested in improvement of service., He would hope first that staff would review ways in which we can.have private ambulance services and have them operated successfully and secondly that some type of county- wide emergency service could be utilized without actually taking over all of the ambulance services in the county to public ownership. He would hope to improve private ownership rather than consider public ownership. Councilman Clark said that his concern is somewhat broader because of his close relationship to this kind of service. He said he has had 2 7 S 8/14/72 twenty-five years of excellent service available day and night. Certainly the whole business of emergency care as it relates to injuries and heart in particular is undergoing review, and there are projects throughout the world having an entirely different kind of service for heart attacks. It is not yet certain whether this is of value. Helicopters are in the picture. He said he doeen't know how far into this Council should ask the staff to go. He feels the regional aspects cause a lot of problems when you get caught in jurisdictional and boundary lines for service. He would hate to have staff do a review of this kind and then have the Policy and Procedures Committee wake decisions about ambulance service for this area. Nothing less than an ad hoc citizens committee of people .. in the field should be considered. He said he felt right now he would be pushing extremely hard to have Council agree that there should be an ad hoc citizens committee of appropriate experts that would take the next step, and perhaps it should be the first step. He said he would support the motion that the subject be looked into, but he felt concern about who does it and how far the study goes. If the subject is going to be reviewed, it should be in the broad context of the new techniques in et ergency service. Councilman B ?ahrs s.:id tat he seconded Dr. Clark's opinions. He said he thinks ehe dispensing of health and related services is one of the most complicated of all. The Council lias no competence to make a good decision in this area. A committee of highly experienced Individuals with intimate knowledge of the needs and methoeds of providing these services should consult and make recommendations. He hoped staff recom- mendation would be tentative and exploratory. They might consider Dr. Clark's idea and talk with people intimately related to the problem3. He said he thinks it is unfortunate that the local ambulance service has been blackballed in all of this. He said he has a son surviving because of the excellent service. He said he has watched the city -owned service in San Francisco for thirty-seven years now and is not impressed. He felt a private service offers more. Councilwoman Semen said she would like to hear Mr. Sipel's comments regarding Dr. Clark's comments. City Manager Sipel responded that he would vier this assignment pri- marily as an issue -paper type of assignment where staff would raise major issues, try to state objectives, what we are trying to achieve, and generally answer these questions in the context of a survey of the total field. It would not be a definitive kin-i of study giving all of the information needed to get the City into the business It would be an overall study The basic objectives we,uld be to elicit discussion from Council and the community. When the report is submitted, if Council wants msre alternatives, staff could go back and look at specific alternatives. Maybe at that time Council would choose to involve people in the community. Regarding cardiac care units, it is an area staff has been looking at for almost a year and hes explored with people at Stanford. Staff is familiar with current experiments. The regional aspects above all concern staff, and these concerns extend well beyond ambulance emergency service to all types of emergency service. Councilwoman Semen reported that she received a telephone call from a citizen who was interested in the matter and asked her to express the hope that the medical school could be contacted and the possibility of interns' riding in the ambulances investigated, so that ambulance drivers would, not have to give first aid. 276 8/14/72 Councilman Rosenbaum said that some of his interest was occasioned by the possible confusion of the citizens as to whom to call. He asked staff's view of the services which are available. City Manager Sipel responded that they are very closely aligned. There are probably times when both the City and the ambulance company will respond. The City receives a large number of resuscitator calls. There is close coordination and cooperation between the ambulance company and the City's communications unit. Councilman Rosenbaum asked if, for example, someone in Mr. Sipel's family were having trouble breathing, would he call the City or the ambulance company. City Manager Sipel responded that he would call the City and would be assured of getting a response from the resuscitator uni'. Councilwoman Pearson stated that she thinks there is a problem and maybe staff can recommend what we can do. She restated her motion that the subject of ambulance systems be referred to the staff for study and such study to be referred to the Council and to include regulations, city -owned vs. countywide problems, plus possibility of investigation and recd mending City carmittees. This gives staff something to work with and comer back to Council. The motion to refer the subject of city -owned ambulance or other systems to the staff for study was passed on a unanimous voice vote. Re uest for Staff Re ort Re ardic Affirmative Action ro ram an Len n ract ces o inanciai Institutions wt c ao to beets +.o Councilwoman Seis.an commented that her memorandum of July 27, to Council, basically recognizes that Palo Alto over the years has demonstrated concern for _two_nationa? presolc (1) Racial discrimination and (2) Housing crunch for people with low and moderate incomes We have all been proud of the City's activity, particularly through its auman Relations Commission, in developing the affirmative action program for the City contri:cts and undertaking numerous activities to try to alleviate the housing situation. Financial institutions have an important role to play in solving these problems, and Palo Alto has a responsibility to recognize this and to address itself to the fact . that financial institutions' affirmative policies and lending policies affect the ability of people with low -to -moderate income to find housing and employment, MOTION: Councilwoman Sean moved, seconded by Henderson, to direct staff: A. To investigate and report back to Council for referral to the Human Relations Commission the policies of financial institutions with which the City deals concerning their affirmative action programs and lending practices. Specific- ally, what are their lending practices with respect to granting loans to persons with lov and moderate incomes and to minorities for purchasing and rehabilitating housing and for establishing businesses? B. To determine whether any areas in Palo Alto have been "red -- lined" or designated as high -risk areas for such loans; C. To determine whether there are any other financial institu- tions' lending policies being practiced that would preclude loans being made available for housing in Palo Alto. Policies to be reviewed should specifically include consideration of the age of the housing. Councilman Beaters asked if we know of any instances in which these offenses might have been practiced, or are we speculating. Councilwoman Semen said we don't know. Probably the practices in Palo Alto are fine, and if so, she felt we have a responribilfty to recognize this and applaud those involved. She said she is not pointing the finger at any financial institution. Councilman Beahrs responded that he is glad to hear that, because he felt such an approach to this type of problem casts a pall over any insti- tution that is subject to investigation. He said he hopes that in the fut+ire where a Council member has this type of interest, some personal investigation could be conducted before creating the impression that we have a problem. Jim McDermott, Vice Peesident of Bank of America, 251 University Avenue, related to Council some of the steps the Bank of America has taken to help finance minority housing and also in respect too affirmative action. He said the Eank of America is heavily involved in all types of programs. He said they are also making programs available to companies involved in ecological and environmental improvement programs. Councilwoman Semen stated this request arose from her participation in ABAG's Regional Housing Task Force Seminar. At the seminar, the Hank of America was singled out as doing a fine job, and she said she particu- larly worded her motion -to include "financial institutions," rather than "banks," to include the broad range. What she: is hoping would come out of the study is_,a recognition of the kinds of things Mr, McDermott had addressed tonight:. Local governments in the Bay Area have a responsibility to look into these things. Councilman Berwald asked if the staff report would come back to the Council for possible referral to HRC, or go directly to HRC. Councilwoman Sean responded that it was her intent that it would come back to Council for referral to HRC. Councilman Berwald stated he has serious reservations about the extent to Which this Council seems to be concerning itself with private enter- prise and banking which is regulated perhapss more than any other institution. The mere intent of asking the staff, in effect, not to do business with banks and financial institutions who don't have sound affirmative action programs is a noble attempt, and he would support that, but to go beyond that and get into areas of regulation is dangerous. For example, Human Relations Commission members have very little expertise in deciding who should wake a loan and under what conditions. • Councilman Rosenbaum said he must admit to no special expertise ou this subject beyond what be reads in the WALL STREET JOURNAL. There was an 2 7 8 8/14/72 article in that paper recently that red -lining is a real problem. Furthermore, the federal agencies that ought to be doing something about it are not. Perhaps they are too closely tied. He felt there is nothing really wrong for another level of government to prod, if neces- sary. The motion passed on a unanimous voice vote. Re uest Re Method of Assistini Community Housing, Inc. �n xpe t n r� .t g s oiect Councilwoman Pearson expressed her concern about the fact the Community Housing Corporation project doesn't seem to get built or funded. A few weeks ago a letter was sent to HUD asking for Palo Alto to be con- sidered at the'top of the list. She said she feels the Palo Alto Housing Corporation has beet through the HUD mill and has expertise to offer any group and is willing to help. Community Housing Corporation should accept the help. She understood Community Housing Corporation had not given anything thing to HUD yet. She felt Council could urge the Housing Corporation and the Community Housing, Inc. to get together and expedite the project. Also, the City might determine how much the delay is costing the citizens in interest and present this to Cori unity Housing. Marshall Virello, President of Community Housing, Inc., said he felt any questions should have been asked of him. Pe said no one is more eager than he to see the project be funded. Palo Alto Housing Corporation is not able to do any more about it than has already been done. He said he hac reported the facts to `1r. Knox. At the present time HUD has had Community Housing's feasibility application since June 23 or 26, and they are doing their utmost to get the project funded. At present, insufficient funds are availabe in the San Francisco office to provide the funding. He said Council should look at what is being done by HUD in Washington. Two allocations will have to be made affecting (1) geographical location and (2) what kinds of projects will be funded. If emphasis is on elderly projects, urging by Council to Congressmen and Senatora•asking them to make personal application and pleading for this would be helpful. Mayor Comstock assured Mr. Virello that the concern is motivated by Council's desire to get the project built and occupied, and that it is not a personal criticism. Council wants to help, and the suggestions that have been made, Council Will be glad to follow. Mr. Virello said that at least oze member of the Palo Alto Housing Corporation is going to be at Community Housing, Inc.'s meeting to be held in three weeks. He said close liaison has been maintained with Palo Alto Housing Corporation, and the architect on Community Housing's project is a meter of the board of Palo Alto Housing Corporation. City Manager Sipel noted that a letter vas sent last week to Congressman McCloskey which does what Mr. Virello suggested, With respect to cost, the staff has worked out some figures on that for both the Lytton and Webster projects. The amount involved is substantial on an annual basis, and that information will be passed to Council this week. Mayor Comstock suggested that the same letter which was sent to Con- gressman McCloskey be sent to Congressman Gubser and Senators Cranston and Tunney. Staff confbrt ed that this would, be done. 2 7 9 8/14/72 Councilwoman Peaison said in raising this issue that she hoped Mr. Virello would come forth, as he did, with some suggestions of ways in which Council could help get the money. Another motivation was that she had received calls from at least three people who hope to move into the Community Housing project and were told perhaps it wouldn't be ready for two to three years. She felt„that if it is necessary tc send a delegate to Washington, it might be worth the expense. Mr. Virello commented that they are told that if Congressmen visit HUD in Washington and make their interest and concern known, this brings faster action from HUD than anything else. As for sending delegates to Washington, Community Housing does not have the fiends available to do this. Councilman Rosenbaum said that he suggested sometime ago that there really isn't enough federal money to go around, and the one thing we could do is to say that this project should get top priority. Santa Clara County has 1/200 of the nation's population, which would mean something less than one million dollars for Santa Clara County if funds are divided evenly. He said he feels his approach of naming priorities is the one that is most likely to have some impact. SPUR/ABAG Solid Waste Management Proposal Councilwoman Semen referred to her memorandum to Council dated August 2, 1972, and said that this matter has some urgency in that it will be considered by ABAG on Tuesday, August 15. She would therefore like to request that the staff telephone ABAG and relay any action Council may take this evening. NOTION: Councilwoman Semen moved, seconded by Berwald, that the Council advise ABAG that Palo Alto supports funding of the SPUR Pilot Project. Mayor Comstock requested that this information also be relayed to the Santa Clara County Board of Supervisors as well as the Planning Policy Committee of Santa Clara County. The motion passed on a unanimous voice vote. Insta11ation. of Beaches Along Bus Routes Councilman Rosenbaum referred to his memo to Council dated August 10, — 1972, and said that he would broaden the motion suggested there to include the Greyhound route along Alma. MOTION: Councilman Rosenbaum moved, duly seconded, that the staff be directed to prepare a report on the installation of benches along existing bus routes, -including the Greyhound route along Alma. The motion passed en a unaniroue voice vote.. Construction of New Dumbarton Brid e • Councilwoman -Pearson raised a further item of new business and requested confirmation that the City Attorney and City Manager understand that 2 8_0 8/14/72 Mayor they are to represent Palo Alto's position concerning possible con- struction of a new Dumbarton Bridge. City Attorney Stone responded that he and the City Manager understand that they have been given the authority to make representations regarding Palo Alto's opposition to any such construction. Oral Communications 1. Perry Bagalman, 2191 Alma Street, addressed Council on subjects of vegetation in Palo Alto; biocides; nicotine; ambulances; affirmative action; bicycling. He also read a poem. 2. Anne Ki-by, 2071 Middlefield Road, addressed Council regarding the bike lanes being placed on the sidewalk between Oregon and Embarcadero. She also spoke of the lack of enforcement of traffic laws on Middlefield Road. Mayor Comstock suggested that staff contact Mrs. Kirby directly re enforcement of the traffic laws. He said that the bike route plans include maior educational efforts, and he suggested that staff also contact Mrs. Kirby on this subject. Councilwoman Seman made a comment concerning Mrs. Kirby's remarks. She said should the neighborhood reconsider their desire to have lanes on the sidewalk, could i_he curbing be stopped. She noted that curbing is to begin on August 18, and she wondered whether the work order could be postponed. She said the neighborhood will be considering this in the near future, and could the Council reconsider when it is decided what the neighborhood wants. Assistant City Manager Walker responded to Councilwoman Seman. He said it would be possible to ,top the work, but staff would not recommend it. Staff feels a separate lane is sufficient. There is a parking problem. Heetin, of September 5 Cancelled +� �,..��.... ..aN�erarar�iw�l�MSMiw�! Mayor Comstock announced that Council and staff had decided that the meeting scheduled for Tuesday, September 5 (the day following th.e Labor Day holiday), would be cancelled.. Ad ournsaent The meeting was adjourned at 11:30 p.m. APPROVED: ATTEST :-, qty Clerk rf V 281 8/14/72