Our Town: The fine line Our Town: The fine line (March 17, 2004)

by Don Kazak

Mayor Bern Beecham's State-of-the-City address March 8 included a couple of sentences that instantly caught the attention of his colleagues on the City Council.

Beecham exhorted them to get more involved in the community to try to resolve disputes before they get to the Council Chambers on Monday nights.

He also cited limitations on what the council members can individually do, for legal reasons, on what are called "quasi-judicial" matters that affect a particular person or property.

Despite the limitations, "We council members cannot be community leaders if we are disengaged from our constituents and above the fray," he said. "We must work with our constituents, during the community process, to bring them together.

"We do not lead by staying in these chambers."

Reaction from his colleagues varied from enthusiasm on one end of the spectrum to outright skepticism and a feeling that this is a bad idea on the other end. Most are in between, wanting to know how that kind of involvement would work.

Several council members told me there is "a fine line" between getting out in the community and listening and in getting out in the community and trying to make something happen.

Several years ago, then-Councilman Ron Andersen got involved trying to mediate a dispute about tennis courts next to the Winter Lodge in south Palo Alto. Andersen got so involved that then-City Attorney Ariel Calonne barred Andersen from voting on the matter when it got to the council.

Councilwoman Dena Mossar recalled that story. She's the doubter among her colleagues about getting more directly engaged in community disputes, seeing more dangers than benefits.

"The council (members) should be dispassionate judges," Mossar said. "The more we're involved outside the (council) process, the less able we are to be dispassionate in the process."

Mossar said she would urge extreme caution on the idea: "It's a terribly slippery slope."

Others are more enthusiastic.

"Get out there, get involved and listen," Vice Mayor Jim Burch said.

"I'm very supportive," said Councilwoman Yoriko Kishimoto. "We just have to keep our moral compass on."

"I was delighted to hear Bern make that statement," said Councilwoman LaDoris Cordell, elected last November. "The council should provide more leadership. But it is a fine line."

Cordell also admitted she didn't know how Beecham's entreaty to his colleagues would actually work, something about which some of her more experienced colleagues also expressed uncertainty.

Councilwoman Judy Kleinberg had muted warmth for the idea, wanting to know how it would work. "This is a good idea that needs careful vetting," she said. Direct involvement "can be very problematic when there isn't a perceived neutrality," Kleinberg said.

Kleinberg said she was interested in additional council discussion on the idea. Beecham said he welcomes that.

Former Councilwoman Nancy Lytle was probably most active among her colleagues for getting out into neighborhoods and getting involved in issues. But she was perceived as an advocate for her positions, which created problems in the eyes of others.

Councilman Vic Ojakian has extensive experience being out in the community. As mayor in 2002, he had a "mobile mayor" idea where he would go out to tree-plantings and other events simply to rub elbows with constituents to hear whatever they had to say.

"Most of us get elected because we do have involvement with the community," Ojakian said.

But he said he's also aware of that fine line.

"We know we have to be cautious and not get into deliberative decision-making," Ojakian said. "But I do think it is doable without putting yourself into an uncomfortable position."

Beecham dispatched Burch and Kishimoto to meet with residents of Downtown North to try to resolve the disagreement over traffic barriers. That turned out to be a thankless and futile effort.

But what if Burch and Kishimoto had an "aha!" moment and come up the magic solution that everyone loved? Should they be allowed to vote on it when it got back to council?

"No," Mossar says. Others will disagree.

That's the fine line.

Senior Staff Writer Don Kazak can be e-mailed at dkazak@paweekly.com.

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