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HomeMy WebLinkAbout12041972ik M1NUTES tAw-14ii&J city of paotatoi December 4, 1972 The City Council of the City of Palo Alto met on this date in a regular meeting at 7:30 p.m. with Mayor Comstock presiding. Present: Beahrs, Berwald, Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Seman Absent: None Annual Tree -lighting Cere: n Mayor Comstock stated that he would like to take a rodent to express gratification for the outstanding job the City staff and community did on the annual tree -lighting ceremony. It vas well organized, and the community response was terrific. Councilman Berwald commented that the Mayor did a wonderful job .,s master of ceremonies and helped make the event the success it was. He also welcomed the Mayor back to the Council meeting from the absence due to his recent operation. =royal of Minutes of November 13 1 ta:"! I. Councilman Henderson noted that on page 481, first paragraph, next -to - line, the word "office" should replace the word "community." 13TION: Mayor Comstock moved, oved, seconded by Berwald, that the minutes of November 13 be approved as corrected. The motion passed on a unanimous vote, royal of Minutes of November 2O MOTION: Mayor Comstock moved, duly seconded, that the minutes of November 20 be approved as submitted. The motion passed on a unanimous vote. Communi: �Ar�s/Cultura3 Pro ramp oe�wawo+�e r�weww��-a�w MOTION: Mayor Comstock moved, seconded by Pearson, that Item 18, re- quest of Councilman Berwald re community arts/cultural programs be considered out of order for the purpose of continuance. The motion passed on a unanimous vote. MOTION: Councilman Berwald moved, seconded by Comstock, that the matter of community/arts cultural programs be continued. Councilman Berwald confirmed that this continuance would be to no set date. tr.... ,. .auev vii a unanimous vU:. e• 1972-1973 Annual Audit Vice Mayor Norton stated that this item concerns the City's annual audit carried out by an accounting firm. In this instance, the Finance and Public Works Committee has recommended a one-year extension of the cur- rent contract with Peat, Marwick, Mitchell 6 Company. He noted that the same firm has had the contract for the previous three years. It was ob- served during the committee deliberations that the firm before this had carried out the audit from 1926 to 1969. The committee feels there is some advantage in having the same firm conduct the audit because of familiarity with the City's business. One year's extension is reasonable, and the matter will be nevi.= -.:ad again next year. MOTION: Vice Mayor Norton moved, in behalf of the Finance and Public Works Committee, thht Council approve the firm of Peat, Marwick, Mitchell b Company to perform, the 1972-73 Annual Audit as set forth in their proposal dated 10/10/72 in an amount not to exceed $8,500 and that the Mayor be authorized) to sign the contract on behalf of the City. The motion passed on a unanimous vote. Transition of Transit S stem from city to Santa C writ County Transit District CMR:527:2) City Manager Sipel commented that the staff report chronicles some of the activities which have taken place recently regarding the formation of the district and takeover of the City's bus system by the County Transit District. Two specific actions are requested this evening: (1) ratification of the City Manager's letter to Peninsula Transit Lines giving the a thirty --day notice that the City does not intend to extend its contract with PTL beyond the end of this calendar year; (2) acceptance of the Transit District's offer to buy the buses at a price of $53,642. He recommended Council's affirmative vote on these subjects. In addition, Mr. Sipel expressed the concern of staff and -Council re- garding maintenance: of service at the same level currently provided. Staff has been given assurance by the County this will be the case. The meter-pian includes a c1at a which specifies service will be maintained at the current level. He said staff should watch carefully that this is done, and this poi t- be -attessed at the Transit Commissiontelevelwhete the City is represented by Councilman Rosenbaum. Vice Mayor Norton,Esked how the $53,000 figure was arrived at. He re- called .he City paid more for the buses than it is getting back.. He asked how many buses are involved; what did the City pay and when and what is the City gett'.ng in return. Mr. Sipel responded that there are ten -buses. The original cost was $121,732 in 1963. The buses have depreciated a little ever 50%. Staff's feeling is that the price of $5,000 per bus is reasonable for a bus in the area of ten years old. That is probably a high figure and relates to the excellent condition of . the buses., In determining the mount of money they would offer, the County had two appraisals, and this was tiha 3.0 2 12/4/72 result. Mr. Beck writes that on the open market, these kinds of buses usually bring about $2,000-$3,000. Fare boxes were added about one or two years ago, and the City is getting close to full value for those. Councilman Henderson sei_d he suspected everyone on Council was concerned about retaining a reduced fare for senior citizens and asked if there was any information on -t { question. Mr. Sipel responded that staff is concerned too. The last information is that there will be a decision within the next few weeks. Councilman Rosenbaum is involved with the subcommittee of the Transit Commission which is considering this matter. Councilman Rosenbaum commented that he thinks the best Palo Alto will be able to get is a ten -cent fare with the compensating feature that it will be available at all times without restriction. One .5dea worth exploring is that if the district can be convinced to sell sa book of ten tickets for $1.00 to :.enior citizens, conceivably the City could buy th= books ter $ CO 'hill set ! them for 5OLL... _ No -final fdecl s'� on_ has been tit:. ti 4Tw.tio s�-♦ Ys,vv .�.. ... 1 made. The commission will be meeting -Wednesday, December 6, and then the matter must go to the Board of Supervisors. Councilman Henderson wondered if there would be any advantage in Council's making a statement for transmittal to the Commission. Councilman Rosenbaum responded that Palo Alto is the only city which offers a reduced fare for senior citizens and as the transition con- tinues Palo Alto may find it has more important things to push for. It may become difficult to make too strong an issue over the reduced fare. Everybody in t' County is 5% �i2% now paying the �/a sales tax on gas. Only Palo Alto and San Jose have bus systems. some councilmen from other cities May want to and Palo Alto may find itself in the position continuation of the existing level of service, it is conceivable that spread what there is around, of having to defend the Councilwoman Pearson said she had difficulty with those statements, because Mr. Pott's letter dated November 28, 1972 clearly says the dis- trict will not reduce the present level of service. Palo Alto went into the district with the promise that the bus system in Palo Alto would not be reduced or changed --if anything, it would become better. One of the good things about. Palo Alto's present system is the five -cent fare. If senior citizens have to buy a $1.00 or 50i book, a number of those who ride will not want to pay that much at one rime. She thought Palo Alto .should state that It has a policy of offering a reduced fare for its senior citizens and wants this policy. retained and honored. Council 4hou d go .ao, _rncorel ....1 _...... that. Another concern to Councilwoman Pearson was that without upgrading the system, it has been proposed to paint the buses end put the drivers in new uniforms. She felt that the money should be spent to ot new lines or buses rather than painting buses and equipping drivers with new uniforms. Councilman Rosenbaum said there has been some discussion of these points at the commission level. The County district staff feels it is impor- tant to present a n.w image as of January 1. Apparently they have con- vinced the Board of Supervisors that painting and new uniforms are necesa ary . Councilwoman Pearson said she think the Council should go on record as opposing these eapendituret any5tay`. MOTION: Councilwoman Pearson moved, seconded by Comstock, that the Council ratify the City Manager's letter to the Peninsula Transit Lines dated November 30, 1972. advieing PT'L that -the C1 will l t - . _ ___o - �........ ....� City iat11 ti(;iC extend tile transit contract heyond.Deceiber 31, 1972. The motion passed on a unanimous vote. ?POTION: Councilwoman Pearson moved, seconded by Henderson, to accept . the District's offer of $53,642 for the City's buses and fare boxes and authorize the City Manager to take the necessary action to complete the sale of buses and fare boxes to the District to coincide withthe District's takeover on January 1, 1973, and with the condition that the District provide uninterrupted service. AMENDMENT: Councilman iierwald moved, seconded by 8eah,.s, to amend the motion by adding a phrase after the word "service" to say, "maintaining the level of service Palo Alto presently has." Cc'urci l;.7nett Henderson asked Councilwoman Pearson if Sale had planned another motion relating to the level of service. Councilwoman Pearson responded that she could offer a separate motion on the five -cent fare. The ,!mends-ent to :he .noticon passed en a unanimous vote. Councilman Bierwald inquired of City Manager Sipel regarding the transit company's position tn negotiations with the County if Palo Alto termi- nates the present contract and does not offer PTL a ,t,;,,n`h-a iu--utoitt[t extension. If the buses and fare boxes are sold, doesn't it put the transit company over a barrel? City Manager Sipel responded that the negotiations for whatever facili- ties the Peninsula Transit Lines have should be separate. The City has no obligation and should not be involved in any way. The facilities of Peninsula Transit Lires will be appraised at a fair market value, and they will be offered that fair market value. Counct-:-,i' Berwald asked why would it not have been better to accomplish this purchase in one package. He felt this puts a club over, the private party in this action. - Mayor Comstock said the only thing the -City ors are the fare boxes and buses. Palo Alto doesn't oxen the other facilities - and -thereto e --sac ul-a---, not -hews involved in ,isle negotiations for other equipment, Couuctl.man 8erwald said he thought the City should have offered to sell at the gams time the pegctiatione are consuimated. What happens if this matter is not consummated on December 31? - Councilman 3eahrs waid he is satisfied with Mr. Sipel's comments on bus value, but he would sure to ask were Palo Alto stands on liability. City Attorney Stone said once the sale is coneuni:ated, all obligations incurred thereafter are not those of the City. PTI. would no longer be a subcontractor of the City. Obligations that have arisen- prior to the sale would continue to be those of the insurance carriers presently involved. 544 12/4/72 Councilman Henderson asked where Palo Alto stands on this transit dis- tract. Is the City in it to win or lose, fail or succeed, without any chance of salvaging anything? He asked if the transit district had any taxing polder. City Manager Sivel resnonde,i that the district does nnr have Any -awing power. It would have to go to the voters or legislature to get +that power. The district receives its funds from the 5t tax on gas. Re- sponding further, he said Palo Alto is in it, win or lose. The entire County and Palo Alto are bedfellows, for better or worse. Staff realizes it is important to be vigilant as to the district's activities, becauee there f 11 be cso'es on the part of other cities in the County to receive the level of service Palo Alto receives. It is goi.ng to be difficult to make dollars stretch throughout the County. Councilman Beahrs.ashed if the board of Supervisors would appropriate money each year, and Mr. Sipel responded affirmatively. Councilman Beahrs asked if this' be.,vies t-_--- _=_ z tt it will 20 to the public to h matt+`_ , enA Mr. Sipel responded affirmatively. The motion as a^ended passed on the following roll call vote: AYES: Beahrs, Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Setnan NOES: Berwald MOTION: Councilwoman Pearson moved, seconded by Seman, that the City Council notify the District Advisory Cos mission through its representa- tive that the City of Palo Alto has a policy regarding the senior citizens' five -cent fare which must be honored and which must be retained. Councilman Clark said he vas pleased that Palo Alto had been able to do this for senior citizens up to this point, but elaborating on Councilman Rosenbaum's remarks, the City is in an odd position to think this policy will be m:intained by a district facility. Council said earlier it would not be in control of the bus system for very long and it wee recognized at the tine that the reduced fare for senior citizens might be temporary, because it would be out of Council's control. Now that the City has joined the District, he didn't see how Palo Alto could expect to have local reductions in fare. If Palo Alto is obligat.;i to ics senior citi- zens, it is going to have to figure out a different system and subsidize them locally. PAR' Alto can't tic the hands of t lode who have to decide their cash flow of running a _bus _ eyetem. He said he would- be ;r 'Yling to vote for a motion which points out that Palo Alto has been doing this add would like to see it contin:sea but he couldn't see including the words must be honored and must be retained. Councilman Rosenbaum said on Wednesday, December 6, at the Transportation Commission, the fare structure will be decided. He said he would make a motion.: at that time that the five -cent fare for senior citizens be a policy throughout the County. The district has a policy that there will be a uniform fare system without variation in different communities. He said he didn't think the motion would he successful. The County staff position is going to be that the fare should be ten cents. He said there might be another fight lager on which may be of greater im- portance to Palo Alto. Councilwoman Pearson said ail, Council can do is tell the Transit Com- mission that this is Palo A; Xo's policy and say what Palo Alto would like. 5 0 5 12/4/72 Councilman Henderson said his concern is that the motion tended to sound more like a threat than a discussion. He would like to amend the words "must be honored and maintained" and offered the following alternative: I 5 O 6 '--12/4f72 SUBSTITUTE MOTION Councilman Henderson mr.vpd seconded hy Norton that the-_City__Council notify the DiAtrier pri.s{ "ry f'^nfr,s..ci.,^ representative that the City of Palo has a policy regarding the senior citizens' five -cent fare which Palo Alto desires to maintain. Vice Mayor Norton asked Councilman Rosenbaum which motion would be most helpful to him. Councilman Rosenbaum responded that he didn't think it made a great dea/ of difference. The wording of the substitute motion would obviously cause less polarization. t ueion passed on the following vote: AYES: Beahrs, Berwald, Clark, Comstock, !:enderson, Norton. Rosenbaum. Semen NOES: Pearson Councilwoman Pearson asked Councilman Rosenbaum if it ;s too Tate for Council to make a notion expressing its dismay at the Pistrict's inten- tion to spend money for painting and uniforms. Councilman Rosenbaum responded that the policy or these matters has already been set. Count ide 911 Ever enc Tele hone ewer t>$ env ce : MOTION: Mayor Comstock moved, seconded by Clark, that Council direct staff to inform the Coanty Executive that Palo Alto is not interested in participating in a countywide, emergency telephone answering service. Councilman Berwald said he feels that theeCounty should be informed that Palo Alto is interested in participating but has serious doubts that the interceptor and referral arrangements contemplated will be successful. Maybe in time there could be a countywide 911 number that would come in to the City and work out very well. Ase a matter of fact, police response of Palo Alto numbers other h2. does na r Li__ n - ...,�,..,--.-.i�,v numbers —other than -J��.-- 61�1,"b not always run ll�+tiV6.7.71�1 . Ae` ntly,a_,citizen was .told _ thet h e didn't live in Dole Alto an the "aia of his phone number,- but he actually does reside within Palo Alto's city limits.. Councilman Betwg1d said he felt that the thrust of the letter could be more oositive. Mr. Sipel responded that he would like to be as "warm" as possible toward Mr.. Campen, keeping in mind that he new full well when he wrote his letter that there was a study underway to determine whether a centralized 911 was best after all. There has been a substantial history that has gore on, and Mr. aiael said he would try to recount Some of tnia history in his letter, but the -conclusion is that Palo Alto has a centralized system, and that is what Palo Alto will sipport. At this point the jury is still out on whether a centralized system or regional system would be the best approach. Councilwoman Pearson said there are too.many exthan es in Palo Alto and she wondered whether the 911 system eight be helpful to some 'residents and could it be partiat. Mr. Sipel responded that this would be an alternative, and it will be explored independently as part of the budget program for 1973-1974. Vice Mayor Norton wondered.if the letter would say that Palo not interested, or_ could_it say "At this tune,'' or something Alto ie to 1A tts./J.v. Lttc Mr. Sipel said he would point out that this matter is under study, and at this time Palo Alto is not in a position to make one alternative which has been suggested. R decision on the. Vice Mayor Norton said that seems to be more appropriate. -.:-.:;;:to -passed on a unanimous vote. Doss Leashing. Defecation and onrrn Councilman Henderson Henderson referred to his memo dated December 1, 1972 and said he has received many complaints concerning the dog situation, and since nothing appeared in the •-local newspapers on this item, he would read aloud his memorandum to Council. MOTION: Councilman Henderson moved, seconded by Beahrs, to direct staff to report to Council on present-ordinancesconcerningdog leashing and dog defecation and to recommend additional rontrnic and enforce enr procedures. Mayor Comstock said he would vote against the motion. He felt there are bigger problems to be considered and if the City is going to regu- late pet owners to that extent it might as well tell people not to have 'pets. What can be done about cats to keep them out of children's sand boxes, he asked. The lash law generally does the job in controlling pets. Councilman Rosenbaum said he differed. He felt_t.he situation reaches proportions of incredible nuisance at times. There are people who use the public parks and school grounds for their dogs with no concern for anyone else. City Manager Sipel. said that staff has been working to improve the level of service as it refers to leash law enforced e t . in 1970; 889 strays_were picked up and 125 owners werecited. In 1972, about 1,200 dogs will be p' eked op, and roughly 800 owners -will be .,sited, which is a substantial 't t=crease in activity. Pale Alto has a fairly -high level of service. The City spends more firer person on- this problem than any other city. This seems to be an unacceptable level to some people, but in order to improve, there Will have to -be increased resources available. The County may be one source of personnel ror Palo Alto and staff wil:ITexplore that. To make the kinds of changes that seem to be suggested. by some people would require a lot of additional money. Councilman Berwald said one aspect of -this is on page 2 cf Courtcf sath Renderson'a.nemo where he cites the Palo Alto Municipal Code. Coun- cilman Berwald asked Mr. Sipel if this could not be handled by changing the code'to add after the Word "nuisance," "on any property not owned by the pet owner.." That would tighten op that law, and the City could see what it could do to enforce it - 5 0 7 12/4/72 1 1 1 Mr. Sipel responded that conceivably this could be done, but he was concerned about the 4hility to respond administratively to the prob- lems. There would be a de Lune of . telephone calls.-©ne=_peregn Would probably have to be_ adcieci_ as _a„_cr4 n.- <« r-- -- �+ „orr rec•.. _- it Of five talld someone r,....,. tire to man the telephones. Councilman Berwald said he wouldn't want to see this item killed. He would like to see it tabled and give staff and Council a chance to talk• some more and think about it and bring it back. MOTION TO TABLE: Councilman Berwald moved to table the motion. The motion died for lack M. a accortd. Councilwoman Sean said she attended a meeting last Friday afternoon in ioh;r77n t-ussea--their concerns and, in their opinion, iris item was one of the matters needing attention. Councilman Beaters said he is not unsympathetic with pet owners, par- ticularly those who feel they need a dog because of the rising crime rate, but he agreed that some people are unbeiieveably inconsiderate. Councilman Henderson said part of his desire in raising this matter was to receive information such as Mr. Sipel gave to assure citizens that action has been taken on the leash law, and there are limits to what the City can co. The situation is ridiculous at some of the parks and school grounds. The motion passed on the following vote: AYES: Beaters, Berwald, Clark, Henderson, Norton, Pearson, Rosenbaum, Seaman NOES: Comstock Conflict of'Interest'Ccde MOTION: Councilman Berwald moved, seconded by Semen, that the City Attorney be directed to draw up a conflict of interest code and pre- sent to Council for consideration. Mayor Comstock said he heartily endorsed the motion. He recalled that the first time he ran for Council he raised that issue and brought it before Council and it was not successffu] . ar that time, y., uneii.womin Pe, -3i -eon sated she was glad this matter has been brought up because she thinks in the past ten years tonflicts of interest have occurred, which would not have occurred if the City had a law more restrictive then state law. It has been considered before but Council did not support it. Vice Mayor Norton commented that this is a very difficult area of legislation. The state has attempted to deal with it and.there is a problem of pre-emption by the state in the field. There is another problem, however. He said he would be very thoughtful in considering the proposed ordinance. He said he doesn't want a majority of his colleagues telling him when and where he can vote. This is a delicate area and political games could be played with a conflict of interest ordinance, - He admonished Council to be careful. 5 0 8 12/4/72 Councilman Beahrs sail he had somewhat the same concerns. A conflict of Interest -ordinance is easily talked about and. -wounds simple, but not so easily carried out. The best effarts.in:lantrUa¢a have limitations. He said he realized such an orrdinan_ce - i s a protection to the general public, and the individuals srhn Aarva a good politician can throw a left hook any tine he wishes. He would not want. any ordinance of such a nature to limit the opportunities of - good citizens to serve the public. :le added he would be very wary of. this aspect= and his hope is that there would be more community involve- ment and participation and pot have good people scared off. Councilman Berwald said he supposed a pessimist would look at this re- quest for an ordinance as being one that would make sure that no one serves on a council or commission or votes where there is any possibil- he may have some dark motive. The optimist would look at it in the sense that a clear code would protect the public_ and protect those suf- ficiently interested to serve their city. A clear law is better than a vague one, and the present one is imprecise. It is not placed on the agenda directed at any organization or citizens. The City Attorney can operate better if the law is more dear. Councilman Clark, asked for a short response from the City Attorney. City Attorney Stone said the state law is the epitome of iuprecision. A Palo Alto ordinance would simply be an atteopt to codify the state law so that ever -done would know '.ghat the law is. Councilwo-=ter'. Pearson asked if the law can be leas restrictive and more clear or can it be more restrictive. Mr. Stone responded that the state has pre-empted the field so that the City cane t pass a law less restrictive. It must meet at least the standard of state law. It could be more restrictive than state law. Historical precedent would be taken into account when creating the language to be sure the -';t atter is covered, whether negatively or positively. John Porter, 275 Hawthorne Avenue, representing steexsng,conmittee of the Pale Alto Civic League, said he was naked to commend Councilaan Berwald an4 the City Council for raising tine matter tor discussions The Civic League feels if the City had a clearer statute, things lice Coyote Hill lawsuits would be avoided, Such'an ordinance would' protect the City Council, and Council need not feel apprehensive, because they will be drafting it. Citizens sight make suggestionis. It would be beneficial'to the City and citizens to know what the rules are. Jeff Youdelasan, 720 Waverley, commended the City Council for considering drafting a conflict Of interest ordinance. The motion passed on the following vote: AYES: Beahrs, Berwald, Clark, Comstock, Henderson, Pearson, Rosenbaum, Semen IDES: Norton Criminal Activity in Pelo Alto Co4nci lman Berwald referred to his memo to Council dated November - 30 . He said recently he bac been getting counts relating to citizens' \\Y 5 0 9 12t4/72 problems with burglaries, harrasstent, assault, etc. He said he is not critical of the police department He just would___ like_to__have a really comprehensive report. -He would like to know where these -incidents arc occurring - would like to sea A mAn -- would like -to knt? .'hat --effect - changes in the t ....tic--_ ri r,+ ��c sav�no_ !±'� !`r{r..i,�nl_ �^,,^..r.{ � � `� s Y 7 iS - ----.____ aL asaa.3.a,.a3.t.41B Ld12!1 -occurring relating to the bike route. He would like to know, as the Drug Task Force continues its work, what is happening to the illegal sale of narcotics, MOTION: Councilman Berwald moved, seconded by Pearson, that Council request the City Manager to provide, within a reasonable time, a com- prehensive report regarding criminal activity in Palo Alto with any recommendations he may have. Mayor Comstock said he hoped the report would give some indication of trends in the community as compared to the entire Bay Area. - Bruce Franklin, 199 University Avenue, East Palo Alto, said he thinks it is in order, for that investigation to carry weight, that it not be cooducted by the police but include an investigation of criminal activity by the police department_ There is a question of getting an independent investigation to determine the relationship between the police department and crime within a city. Councilman Berwald said he waited to correct the speaker who found it ironic that he would put on, following a conflict -of -interest item, an item of police investigating police. This is not an item of police investigating police at all, That is an erroneous statement. The motion passed on a unanimous vote. Office/Conference Facilities for State an eaera cars Councilman Berwald said this item - was agendized to determine whether Council had an interest in formalizing what hap been an excellent demonstration of staff courtesy and protocol in making City facilities available to other people. What he is suggesting is that staff aright look at whether or not Palo Alto has enough space available at various tines to permit the Mayor to write to state assemblymen and state sena- tors and United States representatives and senators and advise them that if they wish from time to time to use City facilities, Palo Alto would like them to do sc. He said he would defer to the Mayor in asking whether a formal motion is necessary. Between the Civic Center and North County Courthouse, more regional, state and national Meetings could be held in Pala Axton City Manager Sipel said Palo Alto does have facilities that would be generally available for such aeetinga,:as they have been in the past There is a problem in that staff is not aware in advance when these people sight want to use the facilities and can't tell when they would be available. There is heavier use of all facilities now so opportuni- ties f.re less. Some general language could be developed that would encourage legislators and organizations to make inquiry when they have need for such facilities. MOTION: Councilman ferwald moved, seconded by Comstock, that the sub- ject of office/conference facilities for state and federal officers. and his memo of November 3Q, 1972 be referred to staff with the idea 310 3.2/4/72 that if space is found to be available, the. Mayor_ would so advise elected The mo inn-Vaescd on a unanimous vote. Qlle ations concernin Police Behaviour owe en - , . : an eitat ohs n�Jo�vi�� Pik ice Department (EIi:53i:2) Mayor Comstock referred to his memorandum dated December 4 which was placed at Council's places this evening and which referred to the original and supplementary police department reports on the activities on Hallowe'en 19 72 . He said in accordance with his memorandum and be- cause the original complaint was filed both with the police department and the Homan Relations Commission, he thought it would be appropriate to have the HRC, perhaps in conjunction with the Youth Advisory Council, review these reports. MOTION: Mayor Comstock moved, seconded by Pearson, that the police department reports (C_MR:5.'2:2, QMR:531:2) on Hallowe'en activities be referred to the HRC for review and comment to the Council and that the HRC invite the YAC to jointly review this at their next sleeting. Councilman Beahrs asked whether the Mayor's proposal would contemplate the possibility of the administrative staff of the City _appearing on invitation too. He said he certainly felt Mr. Sipel and Police Chief Zurcher should attend. Mayor Comstock said that he would assume basically this would be a regu- larly scheduled meeting with staff members in attendance, as in their judgment it was required for them to do and certainly at least City Manager Sipel and Police Chief Zurcher. He said the motion in no way intended to preclude their attendance. Councilwoman Seman confirmed that the Mayor in his motion was referring to both reports, the one directly related to Hallowe'en and also the allegations that are unrelated to Hallowe'en. Mayor Comstock confirmed that he was referring to both reports the Council had received. He said he hoped it was clear that it was his intention and Council's intention if this motion passes that there will be a meeting, presumably on December 19, °fettle. URC where the Commission, together with the YAC, will review these reports and he Said he assUMed that these bodies would make their agenda available for this discussion and not only review the reports but provide ample opportunity for the public to attend the joint meeting and raise questions and discuss the utter in detail there. He said he would now call on members of the public who had requested to speak. Jana Franklin indicated that she wished to speak later. Clara Johnea, 12882 Discaino, Los Altos Hills, said she had received copies, of ti.e report and she thought many of the original main allega- tions are sidetracked in the report. She referred to her original complaint regarding officersja a police car chasing her, daughter, Marcia Hall. . She; expressed dissatisfaction with the report and reviewed the events surrounding the the of her original complaint, which was made the day after Hallowe'en. Mrs. johns said she would greatly welcome Council referring this► aattez to the HRC for an impartial invwsstigation. 5 1 1 12/4/72 Mat li Zichner, 418_ Fernando Ames, ett.:.raey representing Marcia Hall, said that he would be preparing a hearing; or the juvenile court CO defend a young teenage woman whose main crime seems to have been some sort of an attempt tv save her life. } discussed the report further and alleged that a police officer triad to kill Marcia Hall en Hallowe'en night. He said that the Council, instead of referring this matter to the HRC, ought to appoint a special task force to be made up of the people who are directly concerned with what is going on in the police department and hold a genuine investigation with witnesses called and examination of those witnesses under oath, a written transcript and some of the elements of due process to insure that there will be a fair hearing. He said Council has this power according to the administrative code. Mayor Comstock questioned Mr. Eichner regarding his statement at the beginning of his remarks referring to the police trying to kill. Marcia Hall. Mr. Eichner responded that that was his opinion and he had spent a lot of time investigating this case. He said from reading the statements of ten, fifteen or twenty witnesses, his opinion is that officers in the police car chased Marcia around the park and several times came very close to hitting her. Mayor Comstock asked Mr. Eichner whether he intended to file a complaint in that regard or file charges. Mr. Eichner said the complaint has already been filed. Mayor Comstock said that he was referring specifically to Mr. Eichner's statement that the police had tried to murder Marcia Hall. Mr. Eichner responded that the complaint was filed by Mrs. Johns and the Mayor knew what -he was talking about. Mayor Comstock repeated that Mr. Eichner was making a very serious charge and he should either file a complaint in that regard or stop making such allegations. Several voices from the audience stated that they would file the com- plaint. Mr. Eichner said that he was filing the complaint orally at this mount and would sit down as soon ea_he was finished speaking and idFlFt' it out. He said he did not know the -procedures xoliiw d-butlLe had any evi- dente the Councilamight need to investigate that complaint and any other Complaint he had made while addreaaing Council. Mike Fox, 270 Curtner, said the group present tonight is confident that what they are saying is correct and they are asking for arrest of the police officer. lie said there were two instances within two days where a member of the police department attempted to run Marcia Hall over. lie said it is a case of two completely different testimonies - the police department- has their version and the people have theirs and they are completely conflicting. Kathy Stewart, 1111 Emerson, stated that she was present with Marcia Hall on the night Officer Eberlein tried to run them over. She referred to another incident a couple of weeks ago when she said Officer Decious tried to run her and two other people over. She said if this is a "teasing and humerous attitude," she didn't find it very funny at al/. 512 12/4/72 Eric Cockroft, 930 Colorado thatAvenue.__stated__ he-was-at_Eleanor Park _. � r -- _ ..� was -at Eleanor on Hallowe'en night and saw what went on and the chase that happened , there. He refuted the statement that Marcia Hall had a brick in her hand -and d...o -....i d -the t e incident when _ the ,.... -vc.-.4LiV461 c.ii�c iliisu�stL "w31Cti %[1tC officers in the policecar allegedly chased Marcia Hall. He then continued discussing point by point of the police report. Chris Sloan, 3600 Ramona, stated that he was at Eleanor Park on Hallowe'en and he'could agree with what has been said, He said he was there from 8:30 until 10,25 p.m. and that Marcia Hall did not have a brick. He stated that to personally was hit by a flashlight and knocked down. Bruce Franklin, 1969 University Avenue, East Palo Alto, stated that he wished to make a citizen's, arrest and he understood that it is the duty and' obligations under- the law of a police officer to carry out than: citizen's arrest. He said he was makirg this request as a demand of a. citizen on Chief Zurcher in response, in fact, to the Mayor's suggestion, and if Chief Zurcher did not intend to carry out that arrest then he supposed it would be up to others to do it. Mayor Comstock asked the City Attorney to state the law in regard to citizen's arrest. City Attorney Stone stated the law with regard to citizen's arrest is that a citizen may make the errest himself, or, in the us:lal case, the citizen will go to the Dist.rict. Atterney's office and have a warrant sworn out against the person being accused by that citizen. That is standard operating procedure, and the District Attorney will investigate and respond, depending upon how the District Attorney views the facts as presented by the complaining witness. Bruce Franklin said that what the City Attorney has described is a pro- cess for filing a complaint with the District Attorney's office. He said he thought that citizens had the option of asking a police officer to carry out a citizen's rarrest not the District Attorney, not en a warrant and not on a complaint but an actual citizen's arrest, as occurred during a recent incident at the House of Pies when a woman made a citizen's arrest by asking an officer to make the arrest. City Attorney SS_tote Ledpon..ded-further that a citizen can request a police officer to execute a citizen's -arrest. The officer then has the option toein.aestigate the facts and listen to the evidence as presented by the complaining witness and either make the arrest or request the citizen to go to the District Attorney's office and swear out a complaint. He further advised the Council that the Council has absolutely no authority to order the arrest or not to order the arrest of anyone. -The body that has the right to do that is the District Attorney's office or a citizen, who can exercise one of the options that have been outlined. Mayor Comstock recognized Councilman Beahrs. Counciiaian Beahrs commented on City Atorney Stone's opinion and said he thought it should be made clear that if there is no police officer available and a crime has been committed in a citizen's pretence, and he knows it to be a crime, the citizen although not a police officer can legally arrest the offender In -other. cases, the police officer would have 'the option as the City Attorney described i t . Bruce Franklin interrupted Councilusan Beahrs and said that he had the f loot f ii rn t : lie asked Chief Zurcher to carry out his request. 5 1 3 12/4/72 1 514 12/4/72 Councilman P.eahrs noted that Mayor Comstock had recognized him. City Manager Sipel stated that he felt the midst of a council meeting ie net the appropriate time to carry out this kl:d_of discussion._ Chief Zurcher does not i:E ,h t^: t pe1on at= tii a }; -If he were to choose, Mr. Sipel sal- e4elee;rc that the ChieitWould not want to effect a citizen's areas, > The Police Chief ands i'ity Manager would both be happy to pursue the discussion with Mr. Franklin at the end of the meeting. Mr. Franklin said that the request for a citizens arrest was in response to the challenge Mayor Comstock threw to Marty Eichner. Mr. Franklin then said it was the understanding of those originally bringing the com- plaints before Council that nothing was going to happen until the inves- tigation was complete, and on that basis, it was agreed that there would be the staff investigation. Now, tonight it seems that there is a motion to refer the matter to the HRC for further investigation. Mayor Comstock said that his understanding is that -the motion before Council is to refer the staff reports to the HRC for this body to review together with the YAC and return to the Council with comments and he was going to wait for the HRC's and the YAC's answers before responding personally to individuals. Bru_c Franklin said if that is the case then no action should take place until the investigation is complete and he wanted to know why Marcia Hall and Karen Franklin are facing criminal charges right now because the • investigation is not-.,mplete. These girls were the•victims of crime and not the criminals that night. He reviewed the charges facing the two girls. Mike Fox interrupted and took the floor and referred to page 4 of the staff report referring to the tone and manner in which remarks were made to Miss Hall and Miss Franklin at Eleanor Park on Hallowe'en, "He continued to discuss the question of police harassment of certain indi- viduals. City wager Sipel cautioned the Council in the matter of the arrest of tine two young women. He said that it is a _fart _that -t _a -is a_pmtter for the courts at this particular time and the Council has no authority to interfere at this point in that action, Ouce the court has made its decision, then he Would think that :.he_ Council could discuss the natter. As far as that particular incident is concerned, it is a matter for the court. As far as the other areas that have been discussed at.5ome length here tonight and have been the subject of staff reports; theee could properly be discusse by the Council, or if it chooses, sent to the HRC. (Vice Mayor Norton left the meeting a' 9:55 p.m. and did not return.) Mayor Co stock recognized Michael Gold. Michael Gold spoke fro the audience r►nd his remarks could not be dis- cerned. Janeile James, 931 Scott Street, referred to suits filed two or three years ago regarding the "rod squad" and aiime; .t polio activities at that time and said that the way that was settled was that a lot of this kind of stuff was going to quit going on with the Palo Alto police and -the Council 6a;r quit filing your quits, quit rioting in thestreets, we 1 will control our police department. The people are now going to hold Council responsible for keeping control of the police and demand that the reports issued are not enough. Council has the power to appoint an investigatory commission made up of the people who t,re involved in these kinds of instances. Bruce Pollock was recognized by Mayor Comstock and said he would pass. Jane Franklin, 1969 University Avenue, said it was not true to say that Council has the option of waiting to see what the court says because the court is not going to be trying either the incident in the park or the incident the previous night, much less the incident the young woman brought up alout two weeks earlier when Decious tried to run Marcia down, or another occasion when an officer tried to run Marcia down. She said the people are making a serious charge and are willing to stand behind it and the only response they have received tonight is that somebody would. talk to them after the meeting. Jeffrey Youdelran, 720 Waverley, referred to the annual report about Palo Alto "An Ere of Change" and how Council has responded to housing, and development, and drugs, and child care, yet Council will not take seriously charges against the police department. He said the people were called crazy about all of these other things - the master plan development, the superblac'k and the drug program and they were telling the truth then and are telling the truth now. He said he felt some of the Council should respond to the report particularly the level of language used. He said that City employees should be required to attend the HRC hearing and tes- tify and there should be a transcript of that hearing. Mayor Comstock recognized Bruce Pollock who spoke from his seat in the audience. His remarks concerned the costs of $4,500 paid for his defense to prove that he didn't do something and he said he felt the City should pay for the defense of the people with charges against them resulting from Hallowe'en if they are found not guilty. Alicia McMichael spoke from the audience and referred to incidents at the House of Pies this summer and the charges that were brought against certain people at that time. Jane FrankIin spoke from her seat in the audience regarding Officer Criswell and an assignment he was given in San Francisco: City Manager Sipel confirmed that Officer Crtswell'ss activities with respect to San Francisco were carried out under assignment frost Chief Zurcher when he was under the employ of the City of Palo Alto. Mayor Comstock reiterated that the criminal case is one issue and the allegations concerni:gig the police report represent a separate set of issues and the motion tefo:se Council is to refer the allegations and the reports to the HRC for a joint sleeting in which YAC'would participate. Be said he had made the motion this evening because he wanted to get the, views of the HRC/YAC to add to the conclusions he has drawn already Councilmen Bervaid counted or'the cause of justice, and said if that- is what people here want, the ceuse of justice is best served in a Council chaffer by people apeaki.g to the item under dis^ussion and speaking in ".act orderly faehion, one by one, with the permission of the fiayor and after identifying themselves. He said that recognizing that the Council is a legislative, not a judicial body, and that a citizen ought to be eecoure aged to come before : the Council to present his grievanoea , while the Co rnci l 5 1 5 12/4/72 is expected to take effective action to answer such grievances, this Council meeting is not a court of law, does not swear witnesses, and does not hear sworn testimony. It doesn't admit a,id catalog evidence. Councilman Berwald continued trying to speak through continual inter- ruptions from members of the audience who ignored Mayor Comstock's re- quests to remain quiet and allow the speaker who has the floor to con- tinue. Councilman Berwald said that he would feel that in view of the fact there are personnel, names, and individuals being considered tonight, and in view of the nature of the allegations, the proper Council action would be to hold executive sessions with the City Manager and possibly the Chief of Police and take appropriate action internally with regard to Council's findings. At the same time, Council should leave to the courts tine job of answering the charfea that have been made before Council___ this evening. He_said __he wa of the opinion that referring this matter to the HRC would not be particularly helpful. If it were a simple matter of one incident where a person might come and present his or her grievance, he would think referral to HRC would be fine, but there have been many other issues raised tonight and he said he was not certain that the HRC would really be able to handle any more equitat+ly than a court of law the allegations that have been made. Counci?r_.an Ben ald then asked City Attorney Stone to confirm his statement that the proper route for a person to follow in this case, if he or she wanted to pursue an action against the City, would be to go to the District Attorney. Following more interruptions from the audience, City Attorney Stone said Councilman Berwald is correct when he states that any person can go to the District Attorney, swear out a c emplaint, and have a prosecution brought it the facts indicate there is reasonable cause to believe that the charge is true. The Council is absolutely and completely without authority to hold up an arrest or to order an arrest unless a crime is committed in its presence. The law forbids the Council from acting in that regard. The Council may act ultimately, perhaps, 1'• personnel matters directly with the City Manager, and in that way only. Councilwoman Seman said she was surprised at the allegation Mr. Franklin made that this case is going to court. She said she, too, thovgnt there would be an investigation first. She asked the City Attorney to comment on this and asked how these proceedings work and is there any way that the court case could wait until the City of Palo Alto has completed its in- vestigation. City Attorney Stone responded to Councilwoman Semen stating that the court case is being handled by the District Attorney's office and it is placed on the calendar in juvenile court and it then goes to trial. What the Council does with respect to any investigation into any police activity is not connected with the court proceedings unless the defendant wishes to bring that matter up in court on his or her own behalf. There were further interruptions from the audience and Mayor Comstock announced that Council would take a short recess. (The Council recessed from 10:20 to 10:35 p.m.) Mayor Comstock stated the motion before the house is the referral to the HRC. The motion to refer passed on the following vote: AYES: Beahrs, Clark, Comstock, Henderson, Pearson, Rosenbaum Sedan N6ES: Berwald 5 1 6 + j 12/4/72 Executive Session The Council recessed to executive ee.;ion to discuss personnel matters from 10:40 to 11:00 p.m. Additierilkekole the d Care as orce Mayor Comstock announced that in executive session the Council had de- cided to add two further members to the Child Care Task Force to give representation from the working mother category. __MOTION: Councilwoman Semen moved, seconded by Henderson, that Counc 1 approve the addition of two extra members to the Citizens Child Care Task Force and that these members be Mrs, P. Conley, 910 Boyce, Palo Alto, and Mrs. Edith P. Eddy, 2579 Cowper Street, Palo Alto. The motion passed on the following vote: AYES:- Berwald, Clark, Comstock, Henderson, Pearson, Rosenbaum, Senx;.an NOES: None ABSTAINED: 2e ah r s Southern Pacific Rate Increase and .Gsur o' ass wrra Councilwoman Pearson raised a further item of new business concerning the proposed rate increase by Southern Pacific and its intention to close the underpass at the University Avenue station. MOTION: Councilwoman Pearson moved, seconded by Henderson, that staff be directed to object to the proposed rate increase by Southern Pacific and also the intention of closing the underpass at the University Avenue station. The motion passed on th.e following vote: AYES: Beahrs, Clark, Comstock, Henderson, Pearson, Rosenbaum, Semcan NOES: -'None ABSTAINED: Berwald (Councilman Berwald left the meeting at 11:07 p.m. and did not return) Oral Communications speseme neesessi a 1. Lawrence E. Murphy, 3999 Middlefield Road, had requested to speak but was not present when the Mayor called his name. (Thee Clerk confirmed that Mr. Murphy had submitted a copy of a letter he had addressed to the Palo M.to Times concerning the Child Care Task Force to be copied - for Couanci l . ) 2. Pat Murray, 321 Addison, amber of Child Care Now and Sojourner`. Truth, asked why the public was not informed in advance that two additional members mere to be added to the Child. Care Task Force tonight. 517 12/4/72 Oral Communications (continued) Councilwoman Sean responded to Ms. Murray, stating that she had asked her colleagues to add two additional members to the Child Care Task Force to represent the working mother category. 3. Ilene Abrams, 426 Matadero, asked the Council why no member o Venceramoe is on the Child Care Task Force. Mayor Comstock responded to Ms. Abrams, explainin 'de procedure for selecting members for this committee and said that a secret ballot was held. 4. Mike Fox, 290 Curtner, 13, asked why two members from Venceramos, Lynn Ober and Ilene Abrams, who had submitted applications for membership on the Task Force were excluded from the Task Force. Councilwoman Pearson stated, in response to Mr. Fox, that she was not going to defend the selection process. The Council has appointed a fifteen -man Child Care Task Force and has added two additional members this evening and she said she is satisfied that this group will do an excellent job for the community. Adjournment a, r The meeting was adjourred at 11.12 p.m. APPROVED: ATTEST: ti City Clerk if 5 1 8 . . . 1214/72 • CERTIFICATE OF AUTHENTICITY 4. This is to ;_rtify that the microphotographs appearing on this microform, starting wit, and ending with ! L4 # /7 arc accurate and complete reproductions of {ifs f- t ' ,t t L1 ' f I _ as delivered to the undersigned in tie regular course of business, for microfilming. .141.30 e It is further certified that the micrographics processes used were accomplished in a manner, and on. microfi1a,which meets the requirements of the American National Standards Institute (ANSI) and the As ation for Information and Image Management (AIM). Date produced: Place: Sunnyvale, Calif. 94086 i9! Sy: City State Zip 1 aaia :! a:! 1 ancia 3 2 R�