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HomeMy WebLinkAbout11061972MINUTES city of palo alto November 6,'1972 The City Co',snci1 of the City of Palo Alto suet on this date ar 7:32 p,,m. in a regular meeting with Mayor Comstock presiding. Present: Beahrs, Berwald, Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Seman Absent: None :Minutes o€ October 24, 1972 ammeasimerkamenommermaniamatorwegasrs City Clerk Tanner referred to page 422. the item on Regional Airport Systems Study, and noted that the last two paragraphs refer to the "Policy and Procedure- CcLT•iittee." She stated these references shotid be changed to refer to the "Planning Policy Committee of Santa Clara County." Councilman Henderson referred to page 411, the third paragraph from the bottom. He said he would prefer to have that paragraph read as follows: "Councilman Henderson asked that a time limit be put on the public testimony." He commented that he had not indicated a desire to place a limit on each of the speakers. MOTION: Mayor Comstock moved, seconded by Norton, that the ►irhutes of October 2'4 be approved as revised. The motion carried unanimously. Public Hearing. F - renchman's Terrace Annexation Mayor Comstock reviewed that the City Council opened the public hearing on October 10, 1972 and continued it to this date. He acted that the Council was in receipt of a letter from Stanford University dated October 31, 1972 requesting that the public hearing on the annexation matter be continued until the Council meeting of December 18, 1972. He noted that the letter goes on to explain the reasons for this request and the details of the annexation issues. He said he had discussed this matter with staff and there is no particular problem in this request and continuance would be in order. MOTION: -Mayor Comstock moved, seconded by Clark,,that the public hearing on the proposed. Frenchman"s Terrace annexation -be continued to December 18, 1972. Councilwoman Pearson said she had a question on the last two sentences in the letter "The matter of annexation on the triangular portion lying between Stanford Avenue and Bowdoin and that portion of Stanford Avenue extending from Peter Coutts Road to Bowdoin is presently under 4 4 9 11/6/72 study by the appropriate University committees. No action can be taken by the University until such time as those studies and recommendations have completed." She said she would like-to-kiuw if there is any bee., como�eted. pons.*ibiiity of finding nit when those studies will be completed, Robert R. Augsburger, Vice President for Business and Finance, Stanford University, replied that he would anticipate advice from those commit- tees sometime during the next month and they would have some sense of direction before December 18. Vice Mayor Norton commented that it has been Cc ancil. position that Stanford is perfectly entitled to know what kind of zoning it has be- fore talking about annexation. On the other hand, he said, the City is entitled to know Stanford's position on annexation at the same time they vote on the zoning. He questioned whether Stanford wanted to continue the prezoning until there was a decision on the annexation. Mr. Augsbureer replied that while there is some potential relationship between the two items, they are completely separate and divisible issues. He cot:s.ented that the entire process they are going through is to deter=• nine whether or not the prezoning granted is such as to proceed with the annexation. Vice Mayor Norton asked Mr. Augsburger if he felt it was fair for Stanford to expect the City to totally commit itself on zoning when there are those on the Council who thi ,'k the question of annexation is tied in. Mr. Augsburger replied that the question of annexation of that corner of Stanford Avenue and Bowdoin is not related to the proposal the Council has before it. He said in his opinion it is unfair to the developer to tie those together. He advised that Stanford is willing to cooperate with the City to try to determine if in fact there is a problem and if there is, the proper solution. But to have that hinge at this point of tiele on the annexation is another question. He advised tt,at the addi- tional annexation is before the University committee because that area is infringing on a green belt that is part of the campus residential area. He said he was sure the Council is sensitive to the issues that raises and the fact that it has to be dealt with through standard University procedures. Councilman Beahrs commented that it has been his understanding that the problem is largely one of anticipation of traffic. In this connection, Council requested that a special on -going study be made of this problem in anticipation of implementation of the proposal. He asked Air. Knox about the specifics of the problems Planning Director Knox replied that staff is concerned about the traffic implications and do believe that traffic counts should be taken. He noted that the City Manager has asked for three traffic counts begin- ning shortly and continuing up until the time that construction actually starts on Frenchman's Terrace. He commented that after the conclusion of construction and when the project is opened, additional counts will be taken. Councilman Beahrs asked if the City staff is working with the Stanford staff on this. He commented that in his opinion Stanford and the City should be closely associated in this study. He said it should he a joint effort since it is bound to be speculative to -some degree and if there is a provable problem it would have a fair -and adequate hear- lug by the Board of Trustees. b 5 0 11/6/72 i Mr. Knox agreed that in terms of the traffic counting staff should ask Mr. Augsburger for Stanford's cooperation in the counting. He noted that the counting has not yet begun and that Councilman Beahrs' point City Manager Sipei noted that the traffic problem in the Stanford Avenue area has been one of long standing and in previous years there have been propos.1s to do what is being suggested along with the annex- ation request. He commented that the specific project. suggested by the Planning Commission had previously been in the Capital Improvement Program but was never completed for a variety of re sons. Mr. Augsburger stated that Stanford would be most happy to cooperate with the City on the traffic counting, He said they know there is an assumed problem but do not know the extent of i. and he felt it would benefit both the . City and the Untversity to find this out. Mr. Cal Gillard, 2120 Amherst Street, said he wished to remind the Council that the subject of Stanford Avenue--Bowdoln Avenue was voted on unanimously by both bodies --Planning Commission and City Council. He suggested that the Council find some way to recommend to Mr. Augsburger that at the Board of Trustees November 14 meeting he seek authorization from the. Board inviting the issue, both of the inter- section and that remaining portion of Stanford Avenue between the City boundary and Peter Coutts Road. He commented that in his opinion the real issue Is not the capacity of the roads to handle traffic in the area, it is the through traffic which is icpacting on the Terrace. He said if there is to be a traffic count, he would like to see the barriers put up and then the count made. He commented that Stanford shares in the problem but it is a City problem. The motion to continue the hearing to December 18, 1972 carried on a majority voice vote. Low Income Evictions Mayor Comstock advised that Counci woman Pearson has indicated that Item Na. 21, the new business item re the letter dated October 23 from Irwin Lavenberg re low-income evictions, is a chatter she wishes to have continued. MOTION: Mayor Comstock moved, seconded by Pearson, that Item No. 21 regarding low income evictions be considered out of order at this time. for the purpose of continuance . The motion carried unanimously on a voice vote. Councilwoman Pearson stated that the author of the letter has asked that the matter he continued until November 20. MOTION: Councilwoman Pearson moved, seconded by Comstock, that the matter of Irwin Lavenberg's letter be continued until November 20, 1972. Councilman Clark stated it was his opinion that this subject is one: thai: should be referred to the Human Relations Commission rather than being discussed by the City Council.. If the Human Relations Cowission then feels that, it is something the Council should deal with, that is a different wratter. He said at this point he would like to ask - 4 5 1 11/6/72 Councilwoman Pearson to consider a grievance between a landowner and tenant should go before the Human Relations Commission. 1 4 5.2 11/6/72 Councilwoman Pearson replied that the young man who wrote the letter asked dial it be placed on the Connell agenda to find out how to dispose of the matter. Since he is not present this evening to speak to the • matter and she did not know specifically what he wasted to talk about, she --said she would prefer to continue it and hear from him. She added that there is a possibility that it will then be referred to the Human Relations Commission. Councilman Clark noted that in the letter the Council -had been asked to allow different tenants to speak to this jvs . He commented -that if there is a big problem it belongs with the human Relations Cor:mzissior. and the Council should not have a two or three hour hearing on the matter prior to referring it. He suggested chat Councilwoman Pearson explore with the author of the letter as to whether the Human Relations Commission might not be a better place for this matter. Councilman Beahrs agreed with Councilman Clark and said he thought it was incredible that this Council should become so involved • i th matters of this character when the courts are the proper place to decide ques- tions of this nature. He said he was opposed to the Council giving :his matter a hearing at all. Councilman Beraaid asked it a motion to refer takes precedence over a motion to continue. City Attorney Stone replied in the affirmative. MOTION: Councilman Berwald moved, seconded by Clark, that Irwin Lavenberg's letter of October 23, 1972 be referred to the Human Relations Commission. In response to Councilman Rosenbaum's question regarding direction to the HRC from Council, Assistant City Manager Walker replied that the more direction the Council can give the the better. He noted that the HRC has an outstanding assignment from the Council to deal with tenant/ landlord mediation groups. The Commission has yet to form a recome mendation but has been active on and off and involved in helping to __settle disputes of one kind and another. He said he thought it is only fair to say that actions the HRC might take are somewhat limited at this tie. City Attorney Stone said he wished to comment or. the precedence of motions. He advised that the motion to postpone takes precedence over the motion to refer. Counei lean Berwald, with the consent of his second, withdrew his motion. The motion to continue to November 20 passed by a majority voice vote. Scenic Restriction Grant Deed -17.7"1717,711174=7"77717714 y 11 area MOTION: Mayor Comstock moved, seconded by Pearson, that agenda item No. 12, the scenic restriction grant deed, be brought up out of order "at this time for consideration by Council. The motion passed on a unanimous voice vote. Mayor Comstock noted that the Council has a report from the City Attorney's office dated October 30, 1972, a letter from Stanford University dated October 25. 1972- a draft resolution and copy of the grant deed. .' OTION i Ma}►cr- Comstock introduced the following resolution and moved, seconded by Pearson, its adoption: Resolution No. 46,4 entitled: "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ACCEPTING A GRANT OF SCENIC RESTRICTION CON- TAINED IN A CORPORATION SCENIC RESTRICTION GRANT DEED FROM THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY TO THE CITY OF PALO ALTO COVERING CERTAIN LANDS IN THE AREA OF COYOTE HILL." In response to question from Councilman Beahrs, Mr. Stone explained that while the document is not in effect a contract, t:he result is the same as a Williamson Act contrac.t. He stated this is simply, a different device which affords the same protection or grant of open space. The document before Council is more in the nature of a grant deed to the City of an interest in real property which may be accepted in fact by the City Manager under the law. He noted, however, that the County Tax Assessor requires, that it be accepted by the Council in resolution form. The resolution was adopted by unanimous voice vote. Fiscal Procedures - Bud et Forcer and Schedule Vice Mayor Norton, Chairman of the Finance and Public Works Committee, reported that the item before Council is Jie result of consider -able dis- cussion at the Finance and Public Works Committee level about formali- zing various procedures with respect to the budget format and related items. He noted that Council has a copy of the proposed ordinance, together with the committee minutes of October 11. He summarized that the ordinance covers such items as the formation of the budget, budget contents, the manner of its adoption, the manner in which amendments to the budget can be made, dealing with the Capital Improvement Program and the manner - of handling expenditures and fiscal procedures in that respect. It also covers , the question of bonds and insurance to be carried by the City, matters of the annual audits and finally, the procedures relating to tax assessment, collection of taxes and claims against the City. He noted that many of these items are already codl- -fled and the chapter before Council is to put them all together in an organized and coherent Manner. MOTION: Vice Mayor Norton, on behalf of the Finance and Public Works Committee, introduced the following ordinance and moved its approval for first reading: ORDINANCE .. OF THE COUNCIL OF THE CITY OF PALO ALTO REVISING S C IONS AND ADDING SECTIONS TO CHAPTER 2.28 OF THE PALO ALTO MUNICIPAL CODE DEFINING FISCAL PROCEDURES INCLUDING THE BUDGET FORMAT The ordinance was approved for first reading on a unanimous voice vote. 1971--72 . Financial Audit Vide Mayor Norton reviewed that Council prwvious1y.received the /971.72 Annual Financial -Audit anda Management LAtr=r tad pees er 13, 1972 453 11/6/72 1 454 11/6/72 from auditors Peat, Marwick, Mitchell and Co. He reported that the Finance and Publi,c Works Committee reviewed the various points made by the auditor sad the committee consensus is that most of the criti- cisms and comments made by the auditor were minor and most hpve tree' eetnsr cured or corrected. The committee agreed that the City Con- troller has a right to respond and their action was that Mr. Mitchell come back to the committee in about six months with comments and re- sponses to the auditor's recommendations. It was the committee's feeling that there is nothing seriously wroeg in terms of the City's fiscal procedures and they recommend acceptance of the audit report. MOTION: Vice Mayor Norton, on behalf of the Finance and Public Works Committee, moved that `' he 1971-72 Financial Audit and report be accepted. Councilman Henderson said he had a few comments to crake which he would classify as "good news" and "bad news." He said he had heard and read a number of comments on what would happen to Palo Alto's strong economic position when this Council was formed in 1971. Now that the first year's results are before then, he said he was happy to note a few key statistics and listed the increase in the revenue rT^ sales tax, prop- erty tax, and utilities operation. .e also gave some comparative statistics over the paFtr ten years noting that the total tax rate in Palo Alto has increased 35% with the following breakdown • County tax rate has increased 48-I./2%; School District is up 38-1/2%; special districts up 14%, while the City tax rate has decreased ?Q Regarding the "bad news," Councilman Henderson said he has been quite disturbed since the beginning of his council service at the general lack of interest or the part of the Council and the community in the City's financial data, both budget and actual. He commented that Palo Alto operates on a dual budget system, budgeting by program aed bud- geting by objece, and program budgeting is the new direction. It is designed to enable the Council to make decisions about City programs and to enable City administrators to watch and control expenditures and operations by program and Palo Alto is the leader in the concept. However, he stated, much improvement is required over the data report- ing before the Council can ever begin t: rely viz the figures which are presented to them by program, the figures that are supposed to be the basis for the discuasiors about program budgeting. He reviewed his comments made at the .Finance and Public Works Committee regarding various departzaenta' performance comparing budgeted figure s and actual expendi- tures. He added that most certainly Council Must make allowances for problems of undertaking new systems, record keeping is difficult and there has to be a proper allocation of individual worker's hours to the various programs. He stated that is where it all begins --in the proper recordieg of work time. Ile added, however, that he sees no point in Council members spending meeting after meeting in committee making judgments about program expenditures if these judgments are bated upon obviously erroneous data. He said in his opinion there are two things that must be done and this was discussed in committee with staff and he did not anticipate any problem on it. (1) The Controller mast bring to the ateentton of department heads periodically) during the year significant deviations from actual expenses of the budget. (2) Department heads then must take the steps necessary to invee Tigate these deviations and make corrections in reporting defi- ciencies. He said star has readily acknowledged the ;problem and has informed the committee that necessary directions are being given and he was confident this is . true. _ He concluded by saying he was j ust bringing this to Council's attention bensuae he thinks it is very important and they must realize there are problems in relation to budgeting and expenditure records and they need to be aware of them. Councilman Berwald asked if staff had any ce nts end whether they were in agreement- witht.hemotion and the comm1trAA'c roF:rt, City Manager Sipel replied that he was in agreement with the motion but would take exception to a cumber of Councilman Henderson's most recent comments. He noted that these tatters had been gone into in some detail in the committee discussions and there are some very com- plex reasons for the problems that are cited here. He added that if Councilman Henderson's intent was to embarass the staff, he has cer- tainly done that. City Controller Mitchell also noted that these matters were pretty thoroughly discussed in committee and the ni tea Cover staff response. Councilman Berwald _te rated that in his opinion over the !ears staff a magnificent job in bringing to the Council realistic budgets and budgets that have resulted in especially fine community services and increasingly lower tax rates. The increased assessed valuation has given the City the ki.J5 of funds that they have been able to use for housing, drug Abuse and the tremendous research for open space, etc. He said in his opinion a good deal of that credit goes to not only past and present Councils but also to staff. He said he wished to be disassociated with whatever Council members Mr. Henderson had indicated were not interested in the City's fiscal matters. He said in his opinion this Council has been extremely interested in the budget and they have all studied it. He concluded by stating that it seemed to him, a council such as this one, which h -is bean so aggressive in introducing new programs has to have the effect of making the administration some- what uncertain from year to year as to what the priorities and -policies are. He commented that it is very difficult: with new programs to balance the budget out every year. Councilman Beahrs said he agreed with Councilman Henderson that this new. council has not destroyed the fiscal situation of the City at all and in his opinion the increased incotie is largely reflective of in- flationary effects. The whole effect, however, is that the City_has maintained a rather constant level and this is to the credit of this Council and councils that have gone before. Mayor Comstock commented in regard to priorities, noting that the___pubiic___-_ de:ands for --services acid-pragraMS do change rapidly and the Council can either ignore then or respond and they do respond in a way that is hard on priorities. -He stated that the comments made by Councilman Henderson and Mr. Sipel, both, are worth noting and taken in context. What has been produced here is the result cf a lot of hard work by staff and the Finance Committee. He commented that in his opinion the work and the end product is a milestone in a process that is still - going on in terms of total financial review. Councilman Henderson stated that it was not his intention -to embarass staff. He said he had only wondered whether the -committee minutes were thoroughly read,,and Council was aware of the entire picture. He added that because the : Council is aggressive and because the -staff wants Council to work on the basis of program budgeting, the Council needs to be aware of any. shortcomings in the system. He said he was especially pleased with the efforts of ,the City Manager's office and 4 5 5 11/6/72 that he has complete confidence that this is going to be worked out and Council will have the data that they can count on. The eiotion to aece Jt the 1971-72 Audit and Financial Report passed on a uit.anisio s.►a voice vote. Regarding the next item, the auditor's Management Letter, Vice Mayor Norton reported that this item indicates that the Controller will come back to committee in response to recommendations of the auditor and committee will report to Council if appropriate at that time. Election Simi IOW Councilwoman Pearson, Chairman of the Policy and Procedures Committee, noted that contrary to popular belief in Palo Alto, it is presently not legal to erect any sign in a residential zone except on those structures which are non-residential in the neighborhood. Signs can be placed inside a person's window but for example election signs that have been seen outside houses in residential zones have been illegal for a number of years. She reported that the Policy and Procedures Committee recom- mendation is to legalize the current practice in Palo Alto. The ordi- nance before Council allows election signs to be erected in all resi- dential areas for a period of 60 days before the election and two days after. The signs are also going to be regulated according to size, illumination and location. She reported that the committee discussed what is now and will be forbidden in R-1 single family, R -E, R-DUP and R-2 districts. No one will be able to put up a sign of civic, political or religious nature. She commented that it is very difficult to de- termine the difference between civic and political signs and for the ordinance it was simpler to define election signs, relating it to a specific election, than to define all the various kinds of signs. Councilwoman Pearson stated that she was the dissenting vote on the committee because she personally feels that the Council should not pro- hibit signs relating to First Amendment rights, She commented,that it seemed to her, in a time of ever increasii g world awareness and in- creasing public participation of how and why and for whom the govern- ment makes decisions, it would be ironic to try•to eliminate the use of very effective and inexpensive Methods Of.communication by the public. She said #.t would be her preference to allow all • signs but to regulate them for duration, size, location and illumination; She cemented that there waa a feeling that_if_this pracedure_:_.is.__followed_Palo Alto eeee would become a maze om` signs and it is her contention that this would not happen because of the sophistication of the residents and also becauae of the prevailing and co ntnityvide feeling for the aethestics of the co ni ty . MOTION: Codnei lvoman PeaA son, on behalf of the Policy and Procedures Committee, introduced the following ordinance and moved its approval for first reading: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SUBSECTION (G) OF SECTION 16.20.190 -OF THE PALO ALTO MUNICIPAL CODE TO PROVIDE FOR EXCEPTIONS AND ADDING SUBSECTION (H) TO SECTION 16.20.190 OF THE PALO ALTO MUNICIPAL CODE TO REGULATE ELECTION SIGNS . (Second reading 11/2U/72) Councilman Beahrs referred to Section 2 of the ordinance,:?a.agraph 2, Duration, and paragraph 8, Removal of signs. He asked how the Council can assure themselves that this general litter will be removed from the neighborhood. Mr. Stone replied that with respect to violation of these sections, as with any section of the Municipal Code, there is a maximum fine of $500 a day for the violation and/or six months in jail. AMENDMENT: Councilwoman Pearson moved, seconded by Semen, that the City Attorney be directed to draft an amendment to the ordinance to allow civic, political and religious signs in all districts, regulating such signs as to location, duration, size and illumination and that no fee be charged. In response to questions, Mr. Stone replied that if the Council chooses not to adopt what it has before it, and also assuming the amendment motion is adopted, then he would propose that his office be directed to amend this ordinance to reflect the amendment regarding the addi- tional allowance of civic, political and religious signs. The ordi- nance before Council need not be held up in its present form, it can be adopted as amended if Council so chooses. Councilwoman Pearson stated that the ordinance before Council lust says you can have election signs and what she is saying is that it should be amended so all First Amendment expression signs are allowed which means civic, political, religious and election signs. The ordinance should b? changed to reflect this and it was her feeling a new ordinance is needed. Mayor Comstock said he was going to rule that the motion is directed at the ordinance, the amendment is before Council and the effect will be to delay first reading on this ordinance until these other items are incorporated, assuming the amendment passes. Councilman Rosenbaum said he would like to clarify his understanding. At the present time under the City's ordinance, no signs essentially are permitted in residential areas. The proposed ordinance broadens that to permit ,shat would be regarded as election signs and these could be put up for a period 60 days before the election and two days after,. and these would be purely election signs; Councilwoman Pearson is proposing a considerable broadening wherein any sign considered to have First Amendment material would be allowed at any time of the year. He stated it was his view that there are many other ways in which one can make ones political views__known_and in-his__opinion_.the amendment would just open up the City and individual neighborhoods to all aort_s . of potential dif f is ultie . He said he would support the ordinance but would oppose the amendment. Councilwoman Semen said that as she understands it, the two points made. concern aethestict; and a possible proliferation of signs , yhe stated the reason she supports the amendment is that, in fact, i.a some resi- dential areas, R-3 and R-4, people are permitted to have this kind of_ First Amendment free expression. She said that as she sees it, at present the City is discriminating against those people who liverin R-1, .R -E, R-DUP and R-2 districts and that is why:she would .like to see the have the privilege that others _have She noted that a limiting time frame is suggested so the concern about aethestics could be controlled. 4 5 7 11%6172 Mayor Comstock noted that the ordinance as proposed sets a time limit on the first and final days permitting display► of election signs. He asked Councilwoman Pearson if she proposes to have the sane dates apply to other signs. Councilwomen Pearson replied that she felt that this was up to staff to .determine .hat the duration of signs would be Councilman tseahrs Con Cientzd that ill hie tharc is „^. very sma1 1 minority of the community displaying signs and he did not think the Council should continue the practice of imposing inconvenience oe the vast majority of people to satisfy a very small minority. He commented that it is beyond the realm of possibility to police 100 definitions as to what is a political sign or a religious sign. He said everyone knows what election signs are and there is no definition problem whatever, but if the proposed amendment is adopted the City would be in court forever trying to enforce this ordinance and for this reason he would oppose the amendment. Vice Mayor Norton stated it is important to recognize that as long as the sign is kept inside the window of an individual's house, he can say anything he rants to, not only under the existing ordinance bur also under the proposed ordinance. He stated the whole thrust of the pro- posal is to avoid clutter created by totally unorganized signs in residential areas. It is really just a matter of placement of signs and not a regulation of free sjee,:h. He said he agreed with Councilman Rosenbaum that there are other �. lys of gctting znea =.14Ssage across. He said he would support the recoemendation of the committee, which, in his opinion=, is reasonable without being in any way repressive. The amendment failed on the following roll call vote: Ayes: Comstock, Henderson, Pearson, Semen Noes: Beaters? beewa1d, Clark, Norton, Rosenbaum The ordinance was approved for first reading an a unanimous voice vote. Council Procedure - Written Communications Councilwoman Pearson reviewed that the matter referred to the Policy and Procedures Committee was a motion by Councilwoman Semen as to whether or not "Written Communications" on the Council agenda should be handled by inserting the word "Governmental," or_by___developing _a ----_ -- procedure whereby all written communications could appear on the agenda. She noted Written Communications", appears on the agenda, and most of the time nothing is under it. The Council does receive a great number of letters, both from governmental agencies ay.d citizens. Many times citizei:s ask that their letters be placed of the agenda. Some times other governmental agencies request that the City Council take a specific action. She commented that in the past there has been some concern by citizens that their letters were never acknowledged by Council, that the Council never even saw the letters, or took action on them.. She explained that the present sy , em isthat all letters received in City Hall and addressed, to" thij Co;.?ncil are seen by the City Manager and then acknowledged ley the '.City Clerk advising the author that his or her letter has been duplicated and sent to all Council members. Then, usually, there is a further letter from which- ever member of the staff is assigned to handle the situation tnvoleud. Further, if an individual Council member feels that one of the written 4 5 8 11/6/72 communications received is of particular interest and that Council member would like to see action taken on it, that Council member can place the item under "New Business" on the agenda and it then t-ecomes an action item. She noted the way it is done in other communities and on the County level is they do list all communications on thQ agenda with a note which says "A11 letters will be filed unless some member wishes to take action." She concluded by saying that Council- woman Seman's request was to see what the committee ceuid do to make "Written Communications" on the agenda more meaningful, either by expanding it to allow -a person to have his letter placed on the agenda if� he so requested or sc= ether method. -The action of the committee was to -recommend elimination of the heading Wcitta.n Communications" and she said in her opinion this did not address itself to the problem, MO; ION : Councilwoman Pearson,on be ha'_- f - of . the Policy and Procedures Committee, introduced the following ordinance and Moves its approval for first reading: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO DELETING ITEM (10) OF SUBSECTION (a) OF S ICN " ..s rice n1' 1'117 P nn .Via s._�^�•YV�i a.. r___- _-_ ALTO MJNIC.I:PA;. CODE CONCERNING WRITTEN COMNJNICATTIONS iN ORDER OF BUSINESS Councilwoman Semen eaid she covi,2 see the Point that the Council Chas get so much mail that it would be absurd to list all the letters on the agenda. She said, however, that what does disturb her is that the Administrative Code does not in fact fully institutionalize the procedure which is currently followed. MOTION: Councilwoman Semen moved, duly seconded, to refer to the Policy and Procedures Committee Section 2.04.220 of the Palo Alto Municipal Code --City Manager Authorized to Process Council Mail --for the purpose of updating and to reflect current council procedure. Mayor Comstock ruled that since this last motion is a separate subject he Would recognize it after consideration of the ordinance presently before Council. The motion to approve the ordinance removing "Written Communications" from Council agenda headings for first reading passed on a unanimous voice vote. Mayor Comstock stated he would now consider Councilwoman Seman's motion before Council which was to refer to the Policy and Procedures Commit- tee for review the procedures dealing with handling of Council mail. He noted that other sectinns of, the code night be affected and stated the charge to the committee is to bring current procedures into con- formation with the Code. Mr. Sipel stated as clarificatl.o.� tie t,zd looked at this section of the Code and it does explain the way Council mail is presently handled. Ha said he does not understand the nature of the motion. Councilwoman Seman stated It is her understanding that Council mail is now copied and put in the public packet for complete distribution and there is no indication of this procedure in the Code and this is something she would like to see added. The motion carried unanimously on a voice vote. 4 5 9 11/6/72 Council Procedures - Oral Communications Councilwoman Pearson reviewed than entIncrliwo-an`cwan!s Llotio.0re_ quested the Pnllcy and Proceddures Cvammittee io consider tL3 matter _of_'_cOrel _t'nmr".'n4eat{'":1°" -it:: respect to i.he fact that sometimes the Council has meetings that run into the wee hours of the morning and if the meeting is adjourned prior to oral communications coming up, there is a possibility that someone who has come down specifically to speak to the Council under "Oral Communications" finds after waiting all that time that he r she will not be heard that night. Councilwoman Se an felt there ought to be an automatic method by which if such adjournment did occur, the oral communications item would be heard before adjourning that meeting. Councilwoman Pearson then reviewed the committee's deliberations on this matter and its reasons for recommending no change. Councilwoman Semen said she was persuaded by the arguments of the com- mittee that changing ,he procedures for adjournment to always be pre- cedec by oral communications might create more problems than it mould __solve_ She_ referred to the blue sheets placed in the Council Chambers which give instructions to citizens on the rules for addressing the Council ?nd said it seemed to her that perhaps as an administrative matter, a new paragraph could be included as follows: "There is always a possibility that a meeting may adjourn before oral communications is reached. If anyone has a non -agenda item that he wishes to present to the Council under crai. comunications, please fill out a card and sub- mit it early to the City Clerk to hand to the Mayor so that he can bring this to the Council's attention and a motion can be trade to have oral communications brought up before adjournment." Mayor Comstock said that if Council is agreeable he will appoint City Clerk, Miss Tanner, and Councilwoman Semen a committee of two to see that this is done. Councilman Clark asked City Attorney Stone as a matter of parlimentary procedure if the Council has the privilege of picking one particular speaker or one particular item out of a list of requested oral communi- cations and saying they will hear from that one person on one particu- lar subject and that is the only thing they will hear under oral communications. Mr. Stone replied that that would be most difficult. Councilman Clerk said it was his feeling the Council should be most careful about making changes because there are times when it is just not feasible to begin the meeting with oral communications. Mr. Stone summed up by stating it is clear that there is no constitu- tional right as such to speak at a council meeting under oral cammuni- cations, or for that matter on any other item except a public hearing. He pointed aut, however, if "oral communication" is granted, it applies for everyone's benefit at any particular meeting and if it is opened up to one, it must be opened to all. Mayor Comstock said he would assume the newly appointed committee will avail themselves of the City Attorney's advice as to what is required. Councilwoman Sean commented that the control still stays with the Council because the Council has to vote whether to take up oral com- t^uni.cations or not and they can decide whether in fact there is one person or a whole lot of people and can guage their time accordingly. Se said shcthought the paragraph could include an indication to the citizens that when a request to speak is brought to the Council's attention, the Council still must vote on whether or not to bring up oral communications out of order. Ccu cilman Berwaid said he would object to this type of ad hoc change lie leaeiuciivus to the pubic and would not agree to any change until the sheet came back to the Council for review. Peautification Pro osal for the n very venue usiness strict - es (CMR:479;2) Mayor Comstock noted that Council is in receipt -of a report from Louis Fourcroy, Special Projects Manager, dated October 26, 1972. Attached to the report is a statement of objectives and policies as approved by the Planning Commission. Council also has a letter from Mary Gordon, Chairman of the Planning Commission, setting forth the Commission's unanimous recommendation for adoption of the Statement of Objectives and Policies of the beautification proposal for the downtown district. MOT IOC ; Mayor Comstock moved, seconded by Be:r=wald, to uphold the rec.am- mfndation of the Planning Commission and adapt the Statement of Objectives and Policies of the Beautification Proposal 'or the University Avenue Business District. The motion carried unanimously on a voice vote. Reoor on San Mateo Count, Transit D • eve .cent oar eet n Mayor Comstock referred to Cour,cilwema_a Pearsorn's written report dated October 27, 3.972 coacerning the meeting of October 12 when the Board heard a report on the extension of BART through Sari Mateo County down to San Jose. MOTION: Councilwoman Pearson moved, seconded by Rosenbaum, that the Planning Commission he directed to determine a site for and whether or not there should be a BART station in Palo Alto, with their recommenda- tion to be returned to Council. Councilwoman Pearson noted that three stations are suggested for Palo Alto, at Hawthorne Avenue, the Old Corporation Yard site, and Arastradero. She sa .d: one of theeproblems is that if BART just goes See Page down to San Mateo County and 4oesn't come into Santa Clara County, 493 then there would be need for a terminal station and that may be a reason for a station in Palo Alto. Mr. Sipe]. said he had two comments he would like to make. One relates to a project staff has advanced to the Council in the Capital Improve- ment Program in past years thct relates to a coordinated transportation center. While that has been rather nebulously defined, staff always felt :it eight include such things as a BART station. The second com- ment is, it appears that the San Mateo County Transit Development Board is goi.ng to move rather quickly through this report process and if Palo Alto is to get any inputs that are to do any goodand will be timely, it should be within the- next 60 days, 4 6 1 11/6/72 Councilman Beahrs said that the general discussion leads him to believe that the Southern Pacific right-of-way is going to be the corridor and addee that he does nor think this is practical. He commented that un- less the Council knows reasonably_ where the rapid transit.system_is ._ going EO bc, he did not see how they could -be certain that any recom- mendation is practical. Counci lw-- mined t, of -way, at there is a ters which .i Pearson stated that the Transit Board has already deter - the corridor should be along the Southern Pacific right - .east through Palo Alto and once it gets through Palo Alto, possibility of swinging it more toward the population cen- is going over toward El Camino and further. The motion to refer to the Planning Commission carried on a unanimous voice vote. Report on ABAG Solid Waste Committee Meettin Council:,c L—n-Pcarson's written repo: v October 27, 1972. Councilwoman Pearson reported that at the meeting of October 25 it became clear to her that ABAC wished to assess Palo Alto $3,000 and Palo Alto would receive in return a vote of either "yes" or "no" on whether to study the SPUR re,aort, She said she had no recommendation to make to Council at this moment but would suggest attending one more committee meeting and at that time she would come back with a recommen- dation for Council as to whether or not Palo Alto should spend $3,000 as its part of this $40,000 program to employ a consultant to draft a proposal for a grant from the Environmental Protection Agency to fund a pilot project as pro -posed by SPUR. ABAG General Assembly -- Preservin 0 en mace an a ic�na nowt a cy ■1�eRr+rofrs�rw � I�FCIailtia���Yl ' Mayor Comstock noted Councilwoman Seman's memo to Council dated November 1, 1972. Councilwoman Senan reported that Friday, November 10, the Fall General Assembly of ABAC will consider cwo resolutions. One regarding open space and the other regarding regional growth 1.n the Bay Area, and as the Council's representative she will be voting for Palo Alto on these resolutions. She noted that Council has received copies of both resolutions from ABAG and added that she feels both deserve support. MOTION: Councilwowan Seman moved, duly seconded, that the Council dele- gate to ABAC be irstru; ted to support thy: two draft resolutions received by Council regarding (1) regional ausista.ice to local governments in preserving open space, and (2) regarding formuiati.on of regional growth policy. In response to question fro Co noi.lman'Berw31d, Councilwoman Senan explained that the preliminary report on regional growth will -be studied. Mayer Comstock stated he had discussed -both of these resolutions with Councilwoman -Seam and, it is his understanding that if the General - Assembly of ABAG adopts both of these proposals it win in fact trigger a re -analysis of the open space issues to be more consistent with popu- lation. .__icd or a un ni is voice - :::� .+n i_: v:1- Iva t lc�a on uaacataiauaJ�.aS V�J1L't: vote. position of a :owz uuit, Spr;ice Officer MOTION: Mayor Comstock introduced the following ordinance and moved, seconded by Pearson, its adoption: Ordinance No. 2690 entitled "ORDINANCE OF . T«E -COUNCIL OF THE CITY OF PALO ALTO ADDING SECTIONS 10.04.045 AND 10.08.025 TO IHE PALO ALTO MUNICIPAL CODE ESTABLISHING Itit: POSITT iu nF A rna iurTY SERVICE OFFICER AND DEFINING HIS DUTIES." --_--(first reading 10/24/72) The -ordinance was adopted en a unanimous voice vote. 'fo ert" - Re-uest for Consultant (CMR:500:2) Mayor Comstock noted that the Councii--is In receipt -of a report from the City Manager dated November 2, 1972 with the attached proposal. and also a letter from Mrs. Mary Gordon, Chairman of the Planning Commission, with an attached progress report fromthe Webster Study Committee. Councilman Beahrs noted that this entire problem was turned over to the residents most involved vhic:: is desirable in some respects but in his opinion does nn* 11Fce sAri iy 3i.arant a o-"i�V be t .1t the City s nor - - _._.. � ..-,.. ...-�.v to the ugly in total. He ar'ked how many units the City would be getting, adding he did not like the idea of not making a big gain in solving tha housing problem in acquisition and utilization of this property. He'said he was Inclined to believe that the City is nearing the pant where it is literally subsidizing a few people in their pet wishes to live in a particular place and he was disturbed about the general situation. Planning Director Knox replied that if the City were to utilize the alternative procedure, Optimum 236 plan, and talking about roughly $500,000, $2,000 per unit land costs, they might be talking about a maximum of 250 units on the land in order to make the land pay for itself. He noted these figures .are strictly estthate:> and he would not want the staff or the study committee to be held to them but the amount would be somewhere between that figure and the very lowest possible figure of about 50 units. The range is 50 to 250 and his thought . would be from 150 to 180 units. Frances Brenner, member of the Planning Commission said she would like to comment as to .,he quality of the investment. She said the feeling at the Planning Commission level was that this block is of.great value to that entire area and the investment in terms of hiring the consultant would, to a great extent, accrue to the benefit of the surrounding area. What they are seeking is a statement of where the whole area is going in involving the entire neighborhood --from Embarcadero up Alma and fliddlefield. The hope is to reinstate confidence in -those people who -live there, for example, confidence in their ability to ge ahead and paint their house knowing than the ne!gghbnrh: od's f ►'-- re is -cure. The - consultant they a. have chosen has a �i�a:{i::17d3i1CgZVLiTfd--3:1-- LS:r7SffiT_._OI-- TJDrk1ng-- wiith what is already there and enhancing it, rather than $imp, x. i.00k1ng. it a single site :grad not caring about what happens around it. Councilman Beahrs said he was supportive of this approach to the problem, however, the major problem is largely one of density-_ and changing the neighborhood. Preservation of the current density factor is going to require subsidization '3v rha general fa pn.=�++- --- - said _ _ g___e_al i"MJ wa could not support spending more money if they were just talking about subsidizing a lot of people in their personal and understandable de- sires to live in an R-1 situation. Planning Commissioner Brenner replied that she did not feel the commit- tee was hoping that it would be strictly R-1. There was a feeling of retaining a few houses with the rest of the area having a higher density and there is really a design problem rather than a feeling it was going to be R-1. _�__1d moved MOTION: Councilman �x�rai... ......�..�, seconded by Rosenbaum, to approve the recommendation of the Webster Property Committee and the staff that land bank funds be utilized to engage the firm of Royston, H namoto, Beck and ,\bey for the work outlined in their propoaai and first. the firm Le directed to work with the 'neh'rrr n. :. _ -- _ _ur�.rfy= Study Committee. Further, that the ;_..yo_ authorized .g - contract behalf of the L,.�. ..,,xs.,•. tc o�ettiVL2GCU Lo sign the L'vnaT,. r,�..�t on City with the understanding that Option No. 2 on page 2 of the City ;<r:vr <. , i.e. contract to conclude at end of Task 1 at a cost of $3,500, with the City Retaining option to proceed with sub- sequent phases at costs submitted in consultant's present proposal. Councilman Berwald said he d:1 not think the Council should tie itself up for all three phases of work at this time. In response to Mayor Comstock, Planning Commissioner Brenner stated that the committee recommendation was that thecontract be for all - three phases of the work with the City to retain the option to conclude the work at any phase. She said it was her feeling that. the Planning Commission could at any time refer the contract to the Council if they thought it should be concluded. She said she would not be inclined to come back to the Council for discussion before any graphics are com- pleted: Mayor Comstock said he would propose an amendment so the contract will be written to include all three phases of the work with the City re- taining the option to conclude,the work at any phase, i.e. Option 1. CHANGE OF MOTION: Councilman Berw+ald, with the consent of his second, changed the part of his motion re options to read: "...with Option No. 1, the contract to include all three phases of the work, with the City retaining the option to conclude the work at any phase." Louis Goldsmith, Chairman of the Palo Alto Housing Corporation, said that he thinks there is general agreement among al.? that a study by professionals is needed: although there has been some debate to how extensive that study must be. He said it was his position that if the Planning Commission or the Council feels that an extensive study of a considerable area is necessary as pars of the General Plan. or the planning process generally, he would be in agreement with it, but added he couldn't quite see why sections 2 and 3 of the proposal should be charged against land banking. Councilman Rosenbaum noted that Option One says 'With the City retain- ing the option to conclude the work at any' phase." He asked if the report is going to be written to the City Council. Mr. Sipel replied that ha would visualize that at the end of stage one, the consultant will :Lake his ;:epori to the Webster Property Study Committee, Planning Commission and ultimately to the Council and if at that time the Council does not wish to go any further, the contract can then be terminated. Planning Commissioner Brenner said she would visualize the report coming back at the end of stage two and when the actual plans have been reviewed by and have cleared the Planning Commission then it would be coming back to the City Council. She felt that to bring it back to the Council before there are some graphics might not be the right time. She said as she understands it, the second phase is to bring in refined plans of alternative procedures and at the end of phase two the plans would be more definitive. AMENDMENT: Councilwoman Se.'an rived to mend the motion to reflect that the Council would review at the end of Task Two rather than Task One. The amendment failed for lack of a second. Councilman Beahrs Noted that Mr. Knox suggested that from an economic feasibility standpoint they were looking at density in the range of 150 to 180. He asked if anyone who participated knew whether the Webster Property Study Committee is in favor of this idea re det:sity and whether the neighb othicd would he wining to accept it. Mr. Knox replied that staff has estabii;;hed a good rapport with neigh- bors and residents in the meetings they have had. He said he felt that the neighborhood realizes the City is sincere in ies efforts to find a good solution for the larger neighborhood. He said the effect of the number cf units and whether such a density can be handled on that piece of property depends en the design solution, and that is why staff has looked to this particular consultant who understands the problems and knows something about Palo Alto anc ;he kind of aethestics the City is hoping to achieve. -He also will take 'the economics into consideration. Mr. Knox added there might be half a dozen alternatives at the end cf Task One and the Council will have an opportunity to select from among those alternatives and maybe direct staff at that time to consider only two or three of the alternatives. The motion passed on a majority voice vote. (The Council recessed from 9:30 to 9:55 in Executive Session to discuss litigation and personnel nutters.) Architectural ber:'i es tor oa8aunit Theater Shop Addition (01R:493:2) Mayor Comstock acknowledged receipt of the staff report dated November 2 and the attached draft agreement. MOTION: Councilwoman Pearson moved, seconded by Henderson, that Council authorize the Mayor to execute a contract on iti behalf with Corwin, Booth and Associates to provide architectural services for the Community Theater Shop addition, Capital Improvement Project 71-46. 465 11/6/72 Councilman Beahrs expressed the hope that any additions would harmonize architecturally with the Community Center. Al Longacre, Art Director; confirmed that this would be so. -The motion passed on a unanimous voice vote. Dumbarton Bridge: Letter from State air 'moo T ossin s eRnoI :2) MOTION: Mayor Comstock moved, seconded by Pearson, to refer the letter from the State Division of Bay Toll Crossings dated October 25, addressed to the Palo Alto City Council and regarding veJterr, approaches to Dumbarton Bridge, be referred to the'Palicy and Procedures Committee and to the Planning Commission with the request that responses irom these two groups be coordinated, perhaps through a joint session, and then returned to Council. Staff to work with Chairman of the committee and Planning C. medssion regarding an apot.ortate deadline for responding. Councilwoman Sei.an asked why this wa-, being referred to the Policy and Procedures Committee and the Planning Commission instead of arranging a joint study session with the City Council, as suggested by staff. _Mayor Comstock replied that he felt the nature of the subject was one that should be considered by the P%Atcy and Procedures Committee and the Planning Commission end then returned to Council. Councilman Eeahrs raised a question for City Attorney Stone regarding the right of Palo Alto to veto regarding a possible Embarcadero Road connection in the event that such a connection should be made without the approval of city councils in Palo Alto and Menlo Park and the Santa Clara County Board. of Supervisors and the Commission. City Attorney Stone confirmed that Pale: Alto would have the right to veto if that situation occurs. The motion passed on a unanimous -voice vote. - Reimbursement of Peninsula Transit Lines s ji gE : a MOTION: Mayor Comstock ,moved, seconder' by Pearson, that the City Council approve the agreement betteen Santa Clara County Transit Dis- trict and the City of Palo Alto and authorize the Mayor to execute this agreement on its behalf. The motion passed on a unanimous voice vote. Proposed Project to Replace Reflective - - - - ---- -- -- - reverent „ar era v v r 4'unds (01R:469 MOTION: Councilwoman Pearson introduced the following ordinance and moved, seconded by Vice Mayor Nortot:, its adoption: Ordinance No. 2691 entitled: "ORDINANCE OF 111E COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1972-1973 AUTHORIZING AN ADDITIONAL $25,000 TO BE INCLUDED WITEiN THE APPROPRIATION OF THE STREET iMPRQVEONT FUND (GAS TAX)' The ordinance was adopted on a unanimous voice vote. Application for Alcoholic Beverage license - MOTION: Mayor Comstock moved, seconded by Pearson, to file without action the application for an "Off -sale General" license from the above named establishment. The motion passed on a unanimous voice vote. Application for Alcoholic Beverage License - 7 -Eleven Store 2214-14315 708 Colorado Avenue (CtIR:495:2) Mayor Comstock noted that there was no reason to protest this applica- tion. MOTION: Mayor Comstock moved, seconded by Pearson, to file without action the application foe an "Off -sale Beer and Wine" license at the above named establishment. The motion passed on a unanimous void vote. Re uest of Councilwoman Pearson re ous ng uorporatioa� Councilwoman Semen stated that since this matter is consideration of the City's contract with the Palo Alto Housing Corporation she wished the record to show that she was a director of the Corporation when the contract was executed. At the time the contract was being considered for renewal. she was advised by the City Attorney to abstain from partic- ipating ire the discussion and voting. Because the current issue con- °-cerns the possible termination of that same contract, she has been advised again by the City Attorney to abstain. Councilwoman Seman left the meeting at 10:06 p.m. Mayor Comstock called on Councilwoman Pearson to speak to this item. Councilwoman Pearson referreai'jto her memo to seer colleagues dated November 2, 1972. She stated that since the Housing Corporation has chosen to absolve the two individuals she refers to in her memo cf any kind of conflict of interest, she felt compelled to write it. In her opinion, the Housing Corporation: cannot exisie wi h these two individuals on its board and since the Housing Corporation has chr,.sen not to ask' them to resign, she feels she therefore has no alternative but to ask the City to terminate its contract with the Palo Alto Housing Corporation. MOTION: Councilwoman Pearson moved, seconded by Comstock, that the staff be directed to take the necessary steps to terminate the City of Palo Alto's contract with the Palo Alto Housing Corporation. Mayor Comstock said that Council would now hear from Louis Goldsmith, Executive Director, Palo Alto Housing Corporation. - L. R. Goldsmith, E ecutivc Director, Palo Alto Housing Corporation, re- siding at 1462 gdgewoad Drive, stated that it was no pleasure for him to be here to speak to the defense of an agency that has been in opera- tion for three years, working its tail off for the City, and which is 4 6 7 11/6/72 now faced with possible termination of the contract. He said that when this matter was first raised, the Housing Corporation made a recommen- dation to the Council that the two_ groups meet to discuss this but so far the Palo Alto Housing Corporation has received no acknowledgment or response from the Council to this suggestion. He said it is Blear to the Corporation some of the misunderstandings and misconceptions the Council has about the Corporation and they suggest that the Council miehtersei ►appoint some of its members or sit as a Committee of the Whole with'the Corporation to discuss these matters. The Corporation has tried to give factual input about what low to moderate income housing is about. The recent Scott Street issue has been completely distorted. He then referred to various errors in Councilwoman Pearson's Imo, mainly that the original group was appointed by Mayor Arnold and not Mayor Wheatley and that the original group did include Mr. Wheatley and Mr. Spaeth. He said that one of the biggest misconceptions is that people believe Palo Alto can have low cost, low rent housing without anybody paying for it. There is a gross misunderstanding of the basic economics that control. It must be realized that such housing cannot be made available in this community at no cost and only Washington is big enough to pay a subsidy of $1,000 per unit per year for forty years. The City cannot do that. The City could subsidize a plot but in the total picture that is "peanuts." He said the Housing Corporation went to a lot of work to investigate the two individuals named by Councilwoman Pearson and to make the proposal that was made to the Council.. Their conclusion was that the private business of the two individuals involved was their business and the Housing Corporation submitted to Council, that along with the request that the Council sit down with then and work out what the role of the Housing Corporation is to be. If the Council wants to cut the. Housing Corporation off at this time, then it is i.s business, but in his personal opinion, the services received for the fee being paid represent the biggest bargain the City ever had. Councilman Henderson stated he is the Council liaison to the Housing Corporation. He said he was torn between his own standards which tell him that Mr. Keller should not be serving on the Housing Corporation and his feeling of not wishing to bring the hatchet down on a group of people who have worked very hard. He said he had considered meeting as suggested by the Housing Corporation in a personnel session and he would wish to make a motion to that effect. He said he wanted to make it perfectly clear that he seas accusing no one of any wrong doing and it was his hope that Mr. Beller and the Housing Corporation would agree that they should separate. He added that he was willing to talk to anyone concerning the Housing Corporation and would be willing to work on a committee if asked to do so. SUBSTITUTE MOTION: Councilman Henderson moved, seconded by Beahrs, that tite Council direct the Mayor to appoint a committee of Council members to meet with members of the Palo Alto Housing Corporation to thoroughly air the issues revieved in Councilwoman Pearson's memo of November 2, .1912 and report. bade to Council regarding the future of the City's contractualarrangements with the Palo Alto Housing Corpora- tion. Councilman Berwald stated that he would support Councilman Henderson's subatitu.re motion. Councilwoman Pearson,said she felt compelled at this, point to read aloud the fUlI-contents of her memo to Council dated November 2, 1972 which is on file in the City Clerk's office. 468 11/6/72 Councilman Henderson reiterated that he had spoken, with Mr. Keller and Mr. Clay and he was not raking any accusations of wrong doing at this time but he did feel it was not proper for persons so involved in real estate and property management to be key persons in the activities of the Palo Alto Housing Corporation. Councilman Berwald said that rather than listening to the kind of state- ment that has been heard this evening, he would prefer to hear Council members offer sore praise to those serving on the Housing Corporation and other City committees. Be pointed out that persons serving, for example, on the CATV committee or the child care task -force would undoubtedly have business interests in Palo Alto connected with those subjects and it is a fact that those interests exist and cannot be completely divided from their committee work. • One can read what is being said in two different ways. He said he wondered how many of the comments made in Councilwoman Pearson's memo have really been verified; for example, tho,e relating to the Webster House property, which he personally could have brought to the Council had he chosen to. He referred to the mention made of meetings held -in 1971, par- ticularly when the Scott Street property was discussed and he noted this subject was not put on a Council agenda at that time. He said there were many things such as this that were not mentioned in the letter and he would like to have seen theca added to page 3. He said that he would hope the Council could get together with the Housing Corporation and come to some agreement and for this reason he would support Councilman Henderson's substitute motion. Councilman Beahrs said he felt that it was unfortunate that one indi- vidual has been particularly singled out tonight. It is obvious that Council has a poor understanding with the :lousing_ Corporation as to its charge and what some Council members might consider to be vested interests. It is unfair to have a preliminary hearing in nature of a trial tonight on charges that are speculative and inaccurate. He said Council should show great courtesy to people who are volunteering their efforts in the general community good and should be careful about the nature of their criticism. The Council should hold a hearing or meeting as suggested by Councilman Henderson before crucifying people. Councilman Henderson explained the circumstances surrounding the meeting held in July 1971 when he was new on the Council. He said he responded to a eelephone cell from Mr. Clay and it involved an informal discussion about the funds PANF needed and their efforts to sell this property and the whole thrust was that the foundation would be coming back to the City in some force or another. Councilman Henderson said this was what he was hearing up to last March in discussion at Hous1t g Corporation meetings, continuing, in fact, until the property was sold. Councilman Rosenbaum stated there are two issues here. Oe, the long _range function of the Housing Corporation, and two, Mr. Reller's activittesi No one would argue that Mr. Realer is in the -real estate business and some of his-activities.have been involved with Palo Alto Housing Corporation activities. It is a matter of public confidence here. - To have the Housing Corporation corning before ,CQuncii in support of Housing Cor=poration recommendations when one of its -board members might }:! involved or engaged in finencial gain through that activity undermines the public's confidence. He seid he could not understand why the Housing Corporation membership insists on defer ,.hg Hr. Heller and why Mr. Realer insieta on staying With them. lie said he would like to see a vote tonight on whether or not to terminate the Housing 4 6 9 11/6/72 Corporation's contract so therefore he would vote t.gainst the substi- tute motion. If the Council is not willing to vote on termination of the contract, the matter should be referred Lo one of the Coun':il's standing committees. Councilman Clark said he felt Council should have more understanding of what they think the Housing Corporation is doing for the City and what the Council expects it to do for the City in the future. He said he would prefer that Council meet with all of the staffof the Housing Corporation and some of the City staff to determine these things. He said there are members of the Council who think that the City does not need the Housing Corporation any more and that there .are now staff members available to provide this kind of input. However, he would point out that the City is moving towards additional projects which will require a sponsor and this is one of the functions of the Housing Corporation as illustrated by its sponsorship of the Colorado Park project. He said in his mind he felt these considerations should be divorced from the matter of personalities and conflicts of interest. It would be premature to break the contract at this time and he hoped the Council would vote for a sneezing between the Housing Corporation, Council members and staff members. Councilwoman Pearson stated that in her opinion it was incredible to consider discussing this matter as long as Mr. Reller and :fir. Clay rem'aip on the Housing Corporation's board. She would not be willing to permit the Housing Corporation to sponsor any project as long as these two individuals stay on the board and, by the same token, she wluid not be willing to sit down and talk with the Corporation if these members remain or the board. The substitude motion passed on the following roll call. vote: Ayes: Beahrs, Berwald, Clark, Henderson, Norton Noes: Comstock, Pearson, Rosenbaum Councilwoman Semen returned to the ..ounci. Chs hersat this point. Oral Communications 1. Clara Jowls, 12882 Viscaina, Los Altos Hills, mother of Marcia Hall, spoke of the events of Halloween and maintained that her daughter was chased by a police car through Eleanor Park. �. Jane Franklin, 1969 University Avenue, spoke about the Viet Nam War, her daughter Karen and the events of Halloween evening when her daughter was arrested with Marcia Hall. 3. Karl kusnierczyk, 4005 Ben Lomond, stated that on Halloween night he was walking down a street toward Eleanor Park and he witnessed some of the events mentioned above. 4. Kathy Stewart, 111.1 Emerson, described events - that occurred the night after Halloween when she and some friends . were walking downtown on University Avenue and encountered Officer Eberlein. 470 11/6/72 5. Marcia Mall, 1224 Webster Street, member of Venceramos, said she wished to talk tc Council about the way police in this town relate to high: school people in general. 6. Karen Franklin, 1969 University, addressed Council concerning the events on Halloween, particularly in reference to Officer Criswell. 7. Alicia MacMichael , 1036 Colorado, described events on July 14, 1972 when she and a friend were arrested and brought to the police station where they were questioned in Officer Criswell's office. 8. Mike Fox, 270 Curtner, Apt. 3, said a lot of this stuff has been said on numerous occasions before and is old history. He described the traditional events on Halloween at Eleanor Park and reviewed events of the summer of 1970 ua to the present time when various individuals were involved with Palo Alto Police Officers. 9. Bruce Franklin, 1969 University, reviewed the former arrest of Karen Franklin and Marcia Hall in September 1970 and spoke in opposition to W & 1 code 602 which makes persons under the age of 21 who persistently or habitually refuse to obey the reason- able and proper order or direction of their parents, guardian or custodian or school authorities and said that his daughter, Karen. has ; real high character and is certainly not a person beyond the control of her parents. Major Comstock stated that Council has heard the side of the story of the speakers and, speaking for himself, he felt there was another side yet to he heard. He said he urderstood several complaints have been filed with the Police Department and with the Human Relations Comaniesion concerning the Halloween incident and these complaints are being investigated and staff is going to issue a report on these which will be sent to the Council as well. He said he would not decide what action he was going to take until the point is reached when Council has both sides of the story, City Manager Sipel confirmed that staff has received a complaint and that--lein the process of being investigated at this time. One com- plaint has been filed with the police Department and one with the Human Relations Commission. The one filed with the aueean Relations Commission has been somewhat held up pending conclusion of the investi- gation on the other complaint feeling that the Police Department should have the first opportunity to respond. He said that he intended to make the results of that investigation public and would be happy to review them with Council and with anyone else that wishes to talk about the subject. Responding further to Mayor Comstock, City Manager Sipe' said that he hoped the report would be available _within a week to ten days. ' :yor Comstock stated that in addition he noted that Mr notes on references to incidents prior to this one, one ago and he said that anyone should feel free to contact office if they wished to elaborate on these. Sipei had made or two years Mr. Sipel's ?1ayor Comstock responded to a comment from 1ti.ke Pox that what the group is talking about is an investigation by the Police Department of its sin 4 7 1 11/6/72 personnel, by stating that he hoped he had made the point quite clear that this investigation will not be conducted differently from the way these have been hAndled before, insofar as channels or the process for investigation. He said he hoped that he had given no one the impres- sion that any other type of investigation or process was being contem- plated at this point. He said he was sure Mr. Sigel would follow up on all of the points on his list and the tape of this meeting. Ad ournment The meeting was adjourned at 11:42 p.m. APPROVED ATTEST 472 11/6/72 • /t.„4 (1Z0Jali Mayor 1