HomeMy WebLinkAbout1997-06-23 City Council Summary Minutes
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Regular Meeting
June 23, 1997
ORAL COMMUNICATIONS........................................83-359
1. Resolution 7679 entitled “Resolution of the Council of the City
of Palo Alto Calling its General Municipal Election of Council
Members, Requesting the Services of the Registrar of Voters,
and Ordering the Consolidation of Said Election”......83-359
2. Resolution 7680 entitled “Resolution of the Council of the City
of Palo Alto Authorizing the Police Chief to Execute a
Memorandum of Understanding for the Regional Sexual Assault
Felony Enforcement [S.A.F.E.] Team of Santa Clara County”83-359
3. Request for Authorization to Enter Into Agreement for Legal
Services With Whitmore, Johnson & Bolanos, in Accordance with
Palo Alto Municipal Code Section 2.30.070.............83-359
4. Ordinance 4423 entitled “Ordinance of the Council of the City
of Palo Alto Amending Chapter 22.08 of Title 22 of the Palo
Alto Municipal Code by Adding Section 22.08.380 to Dedicate
351 Homer Avenue, Palo Alto, Commonly Known as the Williams
Property, as a Park and Reserving the Williams Property for
Park, Playground, Recreation or Conservation Purposes”83-359
5. Ordinance 4424 entitled “Ordinance of the Council of the City
of Palo Alto Amending Chapter 2.40 [Municipal Elections] of
the Palo Alto Municipal Code by Adding Chapter 2.40.070 to
Establish a Voluntary Campaign Expenditure Ceiling for Election
to City Offices”......................................83-360
6. PUBLIC HEARING: Adoption of the 1997-98 Interim Budget and
Approval of Budget Adoption Ordinance of the Council of the
City of Palo Alto Adopting the Budget for Fiscal Year 1997-98
83-360
7. Amendment No. 3 to Agreement No. C3038164 between the City of
Palo Alto and ASI Landmark, Inc. for Geographic Information
System Professional Engineering Consultant Services...83-382
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8. Contract between the City of Palo Alto and Mid-Peninsula Access
Corporation for Cablecasting Services.................83-382
9. Contracts for Recreation Programs and the Use of Palo Alto
Unified School District (PAUSD) Facilities............83-382
10. Amendment No. 1 to Agreement C96-018 between the City of Palo
Alto and Palo Alto Unified School District (PAUSD) for
Maintenance of District Athletic Fields...............83-383
11. Contract between the City of Palo Alto and Diablo Landscape
Management, Inc. for Cubberley Community Center Landscape
Maintenance...........................................83-383
12. Contract between the City of Palo Alto and Diablo Landscape
Management, Inc. for Landscape Maintenance Service....83-383
13. Human Services Agreements for Fiscal Year 1997-98.....83-383
14. Contract between the City of Palo Alto and Peninsula Area
Information and Referral Services, Inc. for Provision of
Telephone Information and Referral Services...........83-384
15. Agreement between the City of Palo Alto and the Palo Alto Housing
Corporation for Below Market Rate Housing Program
Administrative Services...............................83-384
16. Agreement between the City of Palo Alto and the Palo Alto Housing
Corporation for 1997-98 Community Development Block Grant Funds
......................................................83-384
17. Agreement between the City of Palo Alto and Urban Ministry of
Palo Alto Inc. for 1997-98 Community Development Block Grant
Funds.................................................83-384
18. Agreement between the City of Palo Alto and the City of Los
Altos for Emergency Animal Control and Care Services..83-384
19. Agreement between the City of Palo Alto and the Town of Los
Altos Hills for Emergency Animal Control and Care Services83-384
20. Agreement between the City of Palo Alto and Universal Sweeping
Services for Sweeping Services for City Garages and Parking
Lots..................................................83-384
21. Contract between the City of Palo Alto and Wackenhut Corpora-
tion to Provide Security Services at the Municipal Service
Center (MSC) and Parking Structures J and Q...........83-384
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22. Contract between the City of Palo Alto and Empire Equipment
for Heavy Equipment Repairs...........................83-384
23. Agreement between the City of Palo Alto and Sure Flow, Inc.
dba Roto-Rooter for the Performance of Sewer Lateral
Maintenance Services to Palo Alto Residents...........83-384
24. Amendment No. 5 to Agreement No. S3036240 between the City of
Palo Alto and Geodesy for the Performance of Geographic
Information System Application Software Development Services
83-384
25. Contract between the City of Palo Alto and Graphic Data Systems
Corporation for Geographical Information System Hardware and
Software Maintenance Services.........................83-384
26. Council Members Kniss and Schneider re Council Chambers
Remodeling............................................83-388
27. Council Members Fazzino and Kniss re Safety and Lighting
Improvements in the Downtown Area.....................83-392
ADJOURNMENT: The meeting adjourned at 11:07 p.m. in memory of Dr.
Bert Kay, a NASA scientist and Palo Alto resident who died
tragically on June 12, 1997...........................83-401
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The City Council of the City of Palo Alto met on this date in the
Council Chambers at 7:08 p.m.
PRESENT: Andersen, Eakins, Fazzino, Kniss (arrived at 7:09
p.m.), Huber, McCown, Rosenbaum, Wheeler
ABSENT: Schneider
ORAL COMMUNICATIONS
Susan Frank, Executive Director, Chamber of Commerce, 325 Forest
Avenue, spoke regarding the incident which occurred on June 12, 1997,
and joined in the grief of the family.
Edmund Power, 2254 Dartmouth Street, spoke regarding civic
responsibility.
T. J. Watt, homeless, spoke regarding tourist and immigration
services as they pertained to City services.
CONSENT CALENDAR
MOTION: Council Member Rosenbaum moved, seconded by Fazzino, to
approve Consent Calendar Item Nos. 1 through 5.
1. Resolution 7679 entitled “Resolution of the Council of the City
of Palo Alto Calling its General Municipal Election of Council
Members, Requesting the Services of the Registrar of Voters,
and Ordering the Consolidation of Said Election”
2. Resolution 7680 entitled “Resolution of the Council of the City
of Palo Alto Authorizing the Police Chief to Execute a
Memorandum of Understanding for the Regional Sexual Assault
Felony Enforcement [S.A.F.E.] Team of Santa Clara County”
Memorandum of Understanding for the Participation in the
Regional Sexual Assault Felony Enforcement [S.A.F.E.] Team
Program of Santa Clara County
3. Request for Authorization to Enter Into Agreement for Legal
Services With Whitmore, Johnson & Bolanos, in Accordance with
Palo Alto Municipal Code Section 2.30.070
4. Ordinance 4423 entitled “Ordinance of the Council of the City
of Palo Alto Amending Chapter 22.08 of Title 22 of the Palo
Alto Municipal Code by Adding Section 22.08.380 to Dedicate
351 Homer Avenue, Palo Alto, Commonly Known as the Williams
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Property, as a Park and Reserving the Williams Property for
Park, Playground, Recreation or Conservation Purposes”
5. Ordinance 4424 entitled “Ordinance of the Council of the City
of Palo Alto Amending Chapter 2.40 [Municipal Elections] of
the Palo Alto Municipal Code by Adding Chapter 2.40.070 to
Establish a Voluntary Campaign Expenditure Ceiling for Election
to City Offices”
MOTION PASSED 8-0, Schneider absent.
PUBLIC HEARINGS
6. PUBLIC HEARING: Adoption of the 1997-98 Interim Budget and
Approval of Budget Adoption Ordinance of the Council of the
City of Palo Alto Adopting the Budget for Fiscal Year 1997-98,
including: 1) Exhibit A--The City Manager’s 1997-98 Interim
Proposed Budget - Volume I: General Government Funds and Volume
II: Utility and Internal Service funds; 2) Exhibit B--All
changes detailed in the “Amendments to the City Manager’s
1997-98 Interim Proposed Budget: Volumes I and II”; 3) Exhibit
C--Municipal Fee Schedule with Proposed 1997-98 Amendments;
4) Exhibit D--Changes and revised pages in the Table of
Organization; 5) Exhibit E--Revised Estimated Appropriations
Limitation Calculation; and 6) Exhibit F--The Planning Division
Work Program Status Report.
MOTION: Council Member Wheeler for the Finance Committee moved
approval of the Budget for Fiscal Year 1997-98, including: 1) Exhibit
A--The City Manager’s 1997-98 Interim Proposed Budget - Volume I:
General Government Funds and Volume II: Utility and Internal Service
funds; 2) Exhibit B--All changes detailed in the “Amendments to the
City Manager’s 1997-98 Interim Proposed Budget: Volumes I and II”;
3) Exhibit C--Municipal Fee Schedule with Proposed 1997-98
Amendments; 4) Exhibit D--Changes and revised pages in the Table
of Organization; 5) Exhibit E--Revised Estimated Appropriations
Limitation Calculation; and 6) Exhibit F--The Planning Division Work
Program Status Report.
Ordinance 4425 entitled “Ordinance of the Council of the City
of Palo Alto Adopting the Budget for Fiscal Year 1997-98"
Resolution 7681 entitled “Resolution of the Council of the City of Palo Alto Amending Utility Rate
Schedules E-1, E-2 and E-7, Renumbering and Amending Utility Rate Schedules E-4 and E-6 as E-14 and E-16, Renumbering
Utility Rate Schedule E-5 as E-15, and Adding Utility Rate Schedules E-4, E-5, E-6 and E-8 of the City of Palo Alto Utilities Rates
and Charges Pertaining to Residential Electric Service, Small Commercial Electric Service, Medium Commercial Electric Service -
Seasonal Demand and Energy Rates, Medium Commercial Electric Service - Flat Demand and Energy Rates, Large Commercial
Electric Service - Seasonal Demand and Energy Rates, Large Commercial Electric Service - Flat Demand and Energy Rates and
Large Commercial Electric Service - Seasonal Rates with a Power Supply Charge, Electrical Service Connection Fees, Street
Lighting and Unmetered Electric Service”
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Resolution 7682 entitled “Resolution of the Council of the City
of Palo Alto Amending the Compensation Plan for Classified
Personnel (SEIU) Adopted by Resolution No. 7621 to Change
Certain Salaries and Classifications”
Resolution 7683 entitled “Resolution of the Council of the City
of Palo Alto Amending the Compensation Plan for Management and
Confidential Personnel and Council Appointed Officers Adopted
by Resolution No. 7627, and amended by Resolution No. 7662,
to Change Certain Salaries and Classifications”
Approval of the City of Palo Alto Statement of Investment Policy
and Proposed Changes to the City's Investment Policy
The Finance Committee recommends the City Council approve the
changes to the General Fund reserves policy included as
Attachment I in the staff report (CMR:210:97), to incorporate
the establishment of an infrastructure reserve. This reserve
will be funded with the Year End Budget Closing Ordinance this
Fall. The Finance Committee also recommends approval of the
proposed debt guidelines included as Attachment II in the staff
report (CMR:210:97).
The Finance Committee recommends the City Council approve the
imposition of a Transition Cost Recovery Charge; approve a
revised Calaveras Reserve target balance and target date of
$93 million by December 31, 2001; adopt the resolution which
authorizes new and revised rate schedules incorporating a 4
percent system-wide retail rate increase; new commercial rate
options; and unbundled electric rates into four cost components
consisting of: Power Supply Charge, Transition Cost Recovery
Charge, Distribution Charge, and Public Benefits Charge as
described in staff report(CMR:219:97).
The Finance Committee recommends the City Council approve
$25,000 of the $50,000 gifted to the City for homeless services
be provided to the Veteran’s Workshop, the fiscal agent for
the newly-created Veteran’s Administration (VA) Homeless
Shelter Program; and that any necessary documents concerning
the appropriation be authorized and executed by the City
Manager, or her designee as described in the staff report
(CMR:251:97).
The Finance Committee recommends the City Council approve
formalization of General Fund support to cover anticipated
shortfalls associated with the General Fund Utility Users Tax
(UUT) Program until the 2000-02 budget process when options
to solve the shortfall (as described in CMR:254:97) can be re-e-
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valuated. The Finance Committee recommends that the General
Fund UUT Program be segregated into Cubberley Community Center
and non-Cubberley programs in order to evaluate Cubberley as
a distinct community resource which can support itself, and
to assess General Fund support to non-Cubberley programs. In
establishing a Cubberley Community Center program, it is also
recommended that City departments pay for use of Cubberley
space, as would any other tenant, and that the General Fund
reimburse the current subsidy made on behalf of artists at
Cubberley as described in the staff report (CMR:254:97).
The Finance Committee recommends the City Council approve the
funding allocations in Attachment 1 of the staff report
(CMR:250:97), be included in the 1997-98 Human Services
contract program and that Human Services contracts and any other
necessary documents concerning contracts be authorized and
executed by the City Manager, or her designee as described in
the staff report (CMR:250:97).
The Finance Committee recommends City Council approval of
continuation of the Community Services Department Fee Reduction
Program in 1997-98. Further recommended that the Fee Reduction
Income Scale be adjusted with each two-year budget, effective
July 1, 1998, as described in the staff report (CMR:226:97).
The Finance Committee recommends that Council approve an
increase in the annual parking permit fees by $80 in the
University Avenue Parking District to a level of $280 per year,
and adjust other permit parking fees within the District
proportionately. The increase would be effective September 1,
1997. No change is proposed for the California Avenue Parking
District permit fees. These changes are included in the
proposed Municipal Fee Schedule and are described in the staff
report (CMR:257:97).
The Finance Committee recommends that the Municipal Service
Center (MSC) Master Plan Capital Improvement Project ($60,000)
be eliminated from the 1997-98 Budget, as suggested by the
Planning Commission, and that staff be directed to begin the
process of decertifying the current Master Plan and developing
new guidelines for the MSC, to be reviewed by the Planning
Commission and City Council.
The Finance Committee recommends the City Council approve
additional funding of $3,000 for Adolescent Counseling Services
for the school counseling program.
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The Finance Committee recommends the City Council approve staff’s recommendation of additional funding to support the
Information and Referral Services (I&R) of PAAIRS for one additional year and to reserve approximately half of the funding in
the City Manager’s Contingency Fund to be released after six months if the following conditions are met:
a) the formation of a separate advisory group, focused exclusively on the I&R services offered by PAAIRS, has been
established to provide guidance and directions
b) the development of a plan to transition the I&R services out of PAAIRS and into another agency. This plan must
include identification of future funding sources
Council Member Wheeler said the proposed 1997-98 Budget represented
an interim year in a two-year budget cycle. The 1997-98 Budget had
been adopted in concept by Council in 1996, which Council was required
to reaffirm and/or change during the current meeting. Most members
of Council were familiar with the concept of the 1997-98 Budget
because of extensive discussions in 1996. As the City Manager
indicated in her budget message to Council, the 1997-98 Budget
carefully balanced the good fortune of currently strong revenues
against the need to invest in an aging infrastructure and the
possibility of future economic times not as rosy as currently seen.
The strong revenue picture could be attributed primarily to strong
receipts in sales tax revenues, Transient Occupancy Tax (TOT), and
Document Transfer Tax as reflected in the strong real estate market.
The proposed 1997-98 Budget included a net surplus of $1.6 million
to fund the reserves and increased spending of $5.3 million compared
with the budget adopted in concept in 1996. The proposed 1997-98
Budget implemented and increased services related to Council
priorities and programs, including funding for a local shuttle study,
bicycle lockers, and the University Avenue train depot improvements.
As Council and the community were aware, each year Council adopted
and enacted priority issues for the year. When staff drew up the
budget, close attention was paid to the priorities and attempts were
made to include programs and services responsive to the priorities.
The proposed budget, therefore, included funding for a study for
a local bus shuttle system to serve Palo Alto's residential
neighborhoods and other local area destinations. Not only was the
study in keeping with a Council priority, but with programs which
had been discussed in terms of the new Comprehensive Plan, soon to
be enacted. Additional funding for a one-year trial program would
improve the use of bicycle lockers located throughout the City.
Also included was funding to undertake improvement to the University
Avenue train depot through sign replacement and site maintenance.
Also in keeping with Council-adopted priorities, were funds to
sponsor two sessions of the seasonal employment opportunities for
the homeless program which had been so successfully piloted in
1996-97. Additional funding for the Downtown Urban Design
Improvements Capital Improvement Program (CIP) project would
continue efforts at revitalization of the Downtown area by
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contributions both from the City and from the merchants in the area.
The proposed budget also included some increases in department
budgets to maintain service levels or augment ongoing programs, one
of which addressed graffiti removal from private property. The City
had successfully established a program specifically designed to
remove graffiti from public property. The program had been so
successful that most of the recent graffiti incidents had appeared
on private property. Additional funding for the program for
materials had been included to allow the removal of graffiti on
private property. During the past fiscal year, the City had also
assumed the maintenance and repair of the City's bus shelters,
instead of allowing Santa Clara County (the County) or the transit
agency to maintain the shelters. As the program had been
implemented, City staff had found the shelters required maintenance
to a greater extent than initially anticipated; therefore, funding
in the 1997-98 budget would fund one more day of trash removal from
the shelters and replacement of the glass at the shelters which were
subject to vandalism and graffiti. An increase in permit parking
fees was also being proposed to preserve the current maintenance
level in City structures and parking facilities, and to refurbish
the Webster/Cowper garage. The General Fund Capital Project (CP)
budget included a number of new or augmented projects, including
funding to develop an improvement plan for Mitchell Park facilities,
which could include the Community Center, the recreation facilities,
and the library, funding to study the feasibility of a joint project
between the City and the Palo Alto Unified School District (PAUSD)
to consider the possibility of establishing a library on the Gunn
High School campus to serve both the students of the PAUSD and
residents of the City, and an additional $.5 million in the street
maintenance CIP to address the City's current backlog. Several
staff recommended changes from the budget adopted in concept in 1996
were contained in the proposed 1997-98 Budget, including acceptance
of additional grant funding and related expenses for the continuation
of the volunteer coordination program, for which the City had
recently hired a new volunteer coordinator. At the request of the
PAUSD, the City had removed the school site irrigation CIP project
for Jordan Middle School from the 1997-98 Budget, thereby reducing
the project's scope and expenditure. Staff was working very closely
with the PAUSD on the Jordan site, as well as other sites, as the
PAUSD made its determinations and specific plans for phasing of the
Building For Excellence program which would cause some disruption
at a number of school sites. Funding for contract planners for an
environmental assessment and amendments to the Terman Specific Plan
had been necessitated by the actions Council had taken a few months
before with regard to the Terman site. The Finance Committee had
recommended a few changes to the proposed budget, including
additional funding for a variety of human service organizations;
i.e., Adolescent Counseling Services, increased funding for
Peninsula Area Information and Referral Services (PAAIRS) to retain
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an information and referral function, and the Silicon Valley Shelter
project, a multi-jurisdictional effort to provide services for
homeless people. Highlights of significant changes in the Utility
Funds included actions as a result of deregulation in the energy
industry. The City's utilities, particularly the Electric Fund,
would face increased competition beginning in 1997-98. In order
to be prepared, the Electric Utility was developing an aggressive
action plan to provide customers with low rates, power quality and
reliability, energy efficiency, and quality service. With respect
to goals, the City proposed to increase the Calaveras Reserve by
$10.5 million in 1997-98. The reserve would allow the City to offer
competitive electric rates in the future while honoring its debt
commitments for the production of electric power. The Finance
Committee had proposed an increase to electric rates by a system
average of 4 percent to bolster the Calaveras Reserve. The item
had resulted in considerable debate and discussion in the Finance
Committee. The Finance Committee also proposed implementation of
the Organizational Review recommendations which primarily included
staffing, public relations, and software application changes which
would strengthen the City's utilities. Aside from the increase in
electric rates, no other rate increases in any of the other utilities
had been proposed for 1997-98. Equity transfers from the Water,
Electric, and Gas Funds had been frozen at 1996-97 levels until an
evaluation of the methodology for calculating the transfers was
conducted during 1997-98. Holding the equity transfers constant
would result in a savings to the affected Enterprise Funds of over
$.5 million. The passage of Proposition 218 (Prop 218) potentially
impacted the Water, Refuse, Storm Drainage, and Wastewater
Collection and Treatment Funds. Modifications might be necessary
to the City's Utility rate structures. However, the City waited
further legal clarification on the impacts of Prop 218 prior to such
a change to the methodology. Staff was thanked for the work and
assistance on the 1997-98 Budget.
Council Member Rosenbaum asked about the comment on page 8 of the
staff report (CMR:288:97), "Staff proposes to add $23,000 for
contract planners needed in order to complete an environmental
assessment and amendment to the Terman Specific Plan."
Director of Community Services Paul Thiltgen said the item was a
budget proposal to deal with the issue relative to the use of the
wing at the Terman facility presented to Council. At the time, staff
had indicated the need to amend the Terman Specific Plan in order
to rent out the wing as a separate facility. The $23,000 represented
the cost necessary to carry out the plan.
Council Member Rosenbaum asked about page 49 of Exhibit C of the
staff report (CMR:288:97), the Municipal Fee Schedule with Proposed
1997-98 Amendments, where an error had initially appeared in the
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fees for Historic Merit Screening and Historic Merit Evaluation,
however, $100 had been listed as the initial deposit for each rather
than $100 for both.
Director of Planning and Community Environment Ken Schreiber said
the information in the Municipal Fee Schedule which listed the
initial deposit of $100 for each of the two processes as the way
the fees had been initially established and adopted. No change had
been made. The typographical error of $1,000 had been changed to
$100. Staff understood there had always been a separate fee for
both screening and evaluation since the two were separate processes.
Council Member Rosenbaum clarified screening involved staff review
and evaluation if it went to the Historic Resources Board.
Mr. Schreiber replied yes.
AMENDMENT: Council Member Rosenbaum moved, seconded by Fazzino,
to amend the main motion to approve a $100 fee for the combination
of screening and evaluation of historic structures.
Council Member Rosenbaum said when Council had voted to reduce staff
and contract out services under the Award of Contract for Landscape
Maintenance Service to Diablo Landscape Management, Inc., it had
been under the assumption savings would be realized. Staff had
indicated an initial savings in the staff report (CMR:279:97);
however, the contract contained an additional cost over what would
occur if the City still used staff.
Mayor Huber had the same concern.
City Attorney Ariel Calonne said staff's response would have to be
held until later in the evening.
Council Member McCown said the Finance Committee had discussed
continuation of the Community Services Fee Reduction Program and
a letter and one telephone call had been received from the public,
advocating more of a discount. She asked whether staff had planned
to evaluate the accessibility of the program to people with the
possibility of a higher discount to bring greater participation
beyond the pilot year, i.e., whether staff had evaluated how the
pilot program had worked.
City Manager June Fleming said the program had just completed its
first year. Usually at the end of a two-year budget cycle, new
programs would be examined prior to returning to Council in the
following complete budget cycle. Participation had been less than
staff had anticipated and would fall among the programs staff would
review prior to returning with a full budget. The issue had been
before Council committees. Staff would examine the program prior
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to preparing the next budget. No recommendations for change had
been made based on the one year.
Council Member McCown said a member of the Human Relations Commission
had spoken at the Finance Committee meeting indicating an interest
in assisting in the review.
Ms. Fleming agreed. Staff's notes reflected that when the program
first began, it was not an area as thoroughly covered as Council
had indicated.
Vice Mayor Andersen had been surprised to notice that in the course
of efforts to make certain the public had ready access to informa-
tion about business being carried out by the various boards and
commissions, the Public Arts Commission (PAC) was not currently
being televised. After checking with Leon Kaplan, he realized that
the PAC met on the fourth Wednesday of the month at the Cultural
Center. Mr. Kaplan explained that the PAC did not have to meet at
the Cultural Center. Although a conflict existed on the fourth
Wednesday with the Planning Commission, if a change was made to meet
on the third Wednesday, each of the boards and commissions could
be available on cable television for the public's more active
involvement. He asked how much of a budgetary modification would
be necessary to change the PAC's meeting time in order to allow it
to be televised.
City Clerk Gloria Young said holding PAC meetings at City Hall would
mean an additional $1,800 per year, assuming one meeting per month.
AMENDMENT: Vice Mayor Andersen moved, seconded by Kniss, to amend
the main motion to approve an additional $1,800 to the Mid-Peninsula
Access Corporation contract to cablecast the Public Art Commission
meetings at the Civic Center.
Vice Mayor Andersen said Council had been very frugal in its spending
which had not been increased since 1982. The Consumer Price Index
(CPI) since 1982 had increased by 64 percent. The amount Council
Members currently received was $400, the Vice Mayor received an
additional stipend of $100, and the Mayor received an additional
$150. No one became a Council Member to make money and for many,
great sacrifices had been made to carry out the responsibility.
He suggested increasing the Council Member stipend from $400 to $600
per month and that the Mayor's expense allowance be increased by
an additional $200 per month. As Vice Mayor, he had not seen that
many more expenses and suggested the $100 extra be reduced to $50
per month.
AMENDMENT: Vice Mayor Andersen moved, seconded by McCown, to amend
the main motion to adjust the City Council’s Compensation effective
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January 1, 1998, as follows: Council Members compensated at $600
per month, the expense allowance for the Mayor increased to $200
per month, and the Vice Mayor's expense allowance increased in the
amount of $50 per month.
City Attorney Ariel Calonne said Council's action to include money
in the budget required an amendment to the Palo Alto Municipal Code
(PAMC) with which staff would return at a later time.
AMENDMENT PASSED 8-0, Schneider absent.
Mayor Huber said in 1996, former Mayor Wheeler had asked and had
approved a suspension of fees for the month of August for block
parties, consistent with her Palo Alto Together Program.
AMENDMENT: Mayor Huber moved, seconded by Wheeler, to amend the main
motion to suspend the street closure fees for block parties during
the month of August 1997.
Ms. Fleming said if the motion was passed, staff would do whatever
it could to ensure the community was made aware of the change in
order for the suspension to be more effective.
Vice Mayor Andersen asked how the issue of restroom facilities would
come before Council since the 1997-98 Budget had not contained any
proviso therefor, however, related items would be coming before the
Policy and Services (P&S) Committee.
Ms. Fleming said the staff report was being prepared and would be
on the P&S Committee's agenda on July 8, 1997, at which time the
issue would be handled outside the issue of restrooms in parking
structures.
Council Member Fazzino asked the City Attorney about the Table of
Organization, General Fund, Exhibit D of the staff report
(CMR:288:97) which had been presented at the outset of the budget
documents rather than at the end. He believed the Table of
Organization had become less important because over time, City
Attorneys had become more nervous about Council discussion and action
with respect to specific positions in the budget. He asked whether
Council was strictly limited with respect to making decisions as
to how individual departments were organized. He understood funds
could be withheld based on functions or responsibilities.
Mr. Calonne said Council was not strictly limited. The PAMC spelled
out the divisional structure of the departments, which Council
controlled. Council was not able to "interfere in the
administrative service," and when particular positions were
discussed in the context of the budget, it began to appear it affected
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what labor lawyers called the "vested right to continued employment"
which was civil service. The discomfort came when the discussion
of the position became indistinguishable from the discussion of an
individual, which infringed on the City Manager's authority and
responsibility.
Council Member Fazzino thought the City should not have both a
Director of Planning & Community Environment as well as a Chief
Planning Official. He asked whether, as a Council Member, he would
be unable to take action to reorganize or restructure these
positions.
Mr. Calonne said such Council action would entail significant legal
risks. The open meeting law provided Council with the opportunity
to evaluate the performance of the City Manager and, in that context,
discuss her responsibility for the performance of staff, if Council
had concerns about individual performance issues.
Council Member Fazzino had not intended to address individual
performance issues, but held a belief that one too many chief planning
officials were in the City of Palo Alto. He queried a legal way
for a public official to address the issue, or whether the City
Manager would have to be used as a vehicle to address the issue by
evaluating her performance and her decisions with respect to
organization.
Mr. Calonne said it was virtually impossible for Council, when
dealing with the issue of individual position level, to avoid running
afoul of either the administrative service restriction or creating
a conflict with the vested rights of the people involved, which was
the civil service system. Council would have to go through the City
Manager for a combination of reasons.
Ms. Fleming believed Council Member Fazzino's general concerns had
two opportunities for expression, one of which was the Organizational
Review. At the time of the City Manager review, general issues such
as Council Member Fazzino's concern could be addressed. In terms
of generally approaching positions without being specific about any
one thing staff had heard from Council was the greater concern about
services being provided and how provided. The Mission Driven Budget
(MDB) allowed Council to examine the issue of staffing in light of
services so, if there was a concern about services, the issue could
be addressed.
Mayor Huber declared the Public Hearing open.
Ron Little, Executive Director of the Betty Wright Swim Center, 3101
Middlefield Road, spoke on behalf of the Community Association for
06/23/97 −371
Rehabilitation (C.A.R.), thanked the City for its support for the
work at the Center.
Paul R. Johnston, Chairperson of the Utilities Advisory Commission
(UAC), 838 Mesa Court, spoke regarding the UAC's review of the
proposed 1997-98 Budget. The staff recommendations for the Water
and Gas Utilities had passed unanimously. Some of the recommenda-
tions for the Electric Utility had passed unanimously, while others
had not. The recommendation to increase the Calaveras Reserve to
$93 million to pay off uneconomic assets over a period of time had
passed unanimously. The vote on the staff recommendation for a 4
percent rate increase in the Electric Utility had been split. The
main concern had been the $10 million transfer from the Rate
Stabilization Reserve (RSR) to the Calaveras Reserve. Staff had
agreed to address the question about the sufficiency of the remaining
funds in the RSR during the upcoming fiscal year. The current year
was unfavorable for a rate increase and would become increasingly
more difficult to initiate in future years as the issue of competition
became more relevant.
Duane Bay, 2261 Columbia Street, President of Quadrant, spoke in
appreciation of the strong staff support given to the Midtown process
over the past several years. He provided the particulars with
respect to progress made by nine properties in the Quadrant. Council
was asked to appropriate funds to study how best to improve
Middlefield Road within the Midtown Shopping Center. A letter from
Dan Handley was read into the record encouraging the inclusion of
roundabouts in such a study.
Fred Eyerly, 101 Alma Street, UAC Commissioner, spoke regarding the
UAC's split vote on staff's Utility rate increase recommendation.
The use of reserves to fund transfers to another reserve was not
a problem because of staff's commitment to continual monitoring.
The other item of debate at the UAC had been whether a rate increase
should be given to major users and how much of a rate increase should
be given to residential users. With deregulation, increases to
major users was unwise. Even with the increase recommended by staff,
residential rates still remained far below Pacific Gas & Electric
(PG&E). The UAC faced decisions with its own expertise along with
staff's expertise. Staff's decisions with regard to Utility rates
and recommendations were political, and should be. Council was the
politician and had the sole responsibility of setting the rates,
to which staff had addressed its recommendation.
Greg Kerber, 2506 Birch Street, spoke regarding the fee reduction
program in support of an increase in the reduction. The fee was
of marginal benefit and, due to low participation in the program,
should be increased. Of the 2,000 potential participants in the
Utility's Residential Assistance Program (RAP) program established
06/23/97 −372
four years before, only 15 percent had taken advantage of the program,
probably as a result of the size of the fee reduction. Because the
photo identification requirement was demeaning for participants who
might be embarrassed about being considered "low income," a card
similar to the Foothills Park nonphoto identification card was
encouraged.
Joe Baldwin, 280 Waverley Street, spoke in favor of the vote of
confidence reflected in Agenda Item #17 in support of the Urban
Ministry which served more than 4,000 men, women, and children.
Bob Moss, 4010 Orme Street, spoke about the changes which had occurred
in funding for La Comida which had been very abrupt and without
consultation with either La Comida or the City. The Council was
asked to increase the funding to La Comida by $17,200 to absorb the
shortfall from the County, at least on an initial basis while La
Comida attempted to find funding from other sources. Support was
given to Vice Mayor Andersen's request to increase funding to
cablecast the Public Art Commission and increase Council Members'
pay. He also agreed with Council Member Rosenbaum's question of
the budget item for amending the Terman Specific Plan. He understood
the rent from leasing out the facilities to the PAUSD would be on
the order of $34,000 per year, so spending $23,000 to amend a plan
to get back $34,000 seemed like a losing proposition. The PAUSD
had used the facilities in the past without an amendment to the Terman
Specific Plan, querying the expenditure. Staff and the Finance
Committee were commended for a job well done.
Ms. Fleming said staff had received superb cooperation from Mr.
Wheaton, the community contact person for La Comida, the Senior
Coordinating Council (SCC), and Kathy Gwen. Mr. Wheaton had been
present at the meeting and available for the Finance Committee to
answer questions. The SCC, City staff, and Mr. Wheaton had all been
incensed about the process which had been used by another agency.
Mr. Wheaton had kept her informed about the process from the very
first notice. Information had been brought to the Finance Committee
and staff had worked with the SCC to do whatever possible to bridge
the gap. The 1997-98 Budget contained additional funding to ensure
the program would continue. Mr. Wheaton had provided nothing but
support. She had spoken directly with the County Executive, Richard
Whittenberg, to express concern about the manner in which notice
had been given. The process could not be altered. However, due
to better cooperation between the community, the SCC, and staff,
the program had been restored for one year and would continue to
be worked on to ensure the program was not negatively impacted.
Mayor Huber declared the Public Hearing closed.
06/23/97 −373
Vice Mayor Andersen asked about the proposal from a representative
from Midtown concerning a study to address the question of
roundabouts and how to approach the issue if interest was expressed
from Council.
Ms. Fleming said several residents and businesses connected with
Midtown had expressed interest in roundabouts. Staff would examine
the traffic in the area. Although roundabouts might not be the
answer for that particular location, staff knew a traffic concern
existed. Staff had consistently indicated that when a plan was in
place, traffic and all other related issues would be examined at
Midtown and the information would be brought to Council at that time.
She wanted to avoid building expectation in the transportation
area as to what would be accomplished over the following year. Since
the budget hearings, she had found a temporary reduction in staff
would be experienced due to health issues. Staff would conduct the
study and when the plan was in place, it would be scheduled and
returned to Council. No further direction from Council was
necessary at the present time.
Vice Mayor Andersen clarified when the study was carried out and
brought to pass by the property owners, it would include roundabouts
as a possible solution to some of the traffic problems; therefore,
Council was required to take no further action.
Ms. Fleming replied yes.
Council Member Fazzino queried what “roundabout” meant.
Ms. Fleming replied a traffic circle.
Council Member Rosenbaum said Council Member Schneider had initially
agreed with him at the Finance Committee to have staff examine an
alternate proposal with regard to the Utility rate increase. Staff
had drawn up an alternate proposal which had appeared in the packet
several weeks prior. Council Member Schneider had a change of heart
and had voted to go along with the staff recommendation. His
populist view was that everyone should have the opportunity to share
in the fruits of deregulation. The rate increase was for the purpose
of recovering the stranded investment associated with the Calaveras
hydro facility which had been built to serve all classes. All
classes, therefore, should contribute to the necessary rate
increase. The staff proposal contributed to widespread cynicism
on the part of the public as to whether or not deregulation would
provide any benefit at all to the small residential customer. With
respect to comments by the UAC Commissioners, Paul Johnston had
raised an interesting point when he said the initial scuttlebutt
was something on the order of an 8 percent overall increase would
be required to accomplish the goals. If no increase was given to
06/23/97 −374
the very customers, a 24 percent increase would have to be given
to the residential customers, which staff was sensible enough not
to propose. The solution had been to reduce the RSR by $10 million
which caused concern to a number of UAC Commissioners. Fred Eyerly
had been correct, Council Members were the ones to make the decisions
as politicians, in the best sense of the word. Putting the increase
on residential customers was unwise if the largest customers were
let off free. The Finance Committee had not agreed with his
assumption, and he would not pursue the issue further unless some
of his colleagues cared to do so.
Council Member McCown said in advance of the rate change, the issue
was whether or not an unfair subsidy of residential users in the
community had been paid by the large commercial users. If
historically true, staff's proposal, which took the overall
system-wide 4 percent figure and allocated it among classes
differently, assumed the large commercial users were already paying
an appropriate share. The rates were admittedly being adjusted
unevenly at the residential level, but historically a degree of
subsidy had existed for residential users in the community. If true,
she asked why the current adjustment was inappropriate as a means
of "evening" the playing field so residential customers took a
slightly larger increase in an attempt to have different users pay
based on the cost of providing service.
Council Member Rosenbaum agreed with Council Member McCown's logic.
Staff had based its position on cost of service between the classes
with which he was not in the position to argue. If the City had
not found itself in the position of having to increase rates in order
to further enlarge the Calaveras Reserve, staff would not have
thought the cost of service question was of such importance as to
cause a rate change. Even with cost of service problems, he had
not proposed ignoring the problems; however, the alternate proposal
called for a much larger increase in residential rates than for the
very large customers which gave everyone the opportunity to share
in the rate increase.
Council Member McCown asked about the probability of having to
institute another rate increase within two to four years, in light
of Mr. Johnston's comment about the potential contemplation of a
larger rate increase to build up the reserve and get the reserves
up to the desired level. If so, she asked whether the rate proposal
would differ from that being presented to Council at the current
time.
Director of Utilities Edward Mrizek said staff had considered a rate
increase of 8 percent earlier in the year; however, as the budget
year had progressed and staff had considered the marketplace and
the amount of money being saved on resources, the 8 percent had not
06/23/97 −375
become a reality. Millions of dollars were saved by purchasing
energy on the open market. The Western Area Power Agency (Western)
allocation had been reduced by 37.5 megawatts resulting in a savings
to the City of $1 million during the first year. Dollars continued
to be saved in resource purchases. Staff also continued to keep
operating expenses low. When the rate proposal had been formulated,
staff found that because of the savings, only a 4 percent rate
increase was necessary. The $10 million transfer from the RSR to
the Calaveras Reserve still left the RSR within Council-established
levels. Staff was unable to determine whether another rate increase
would be necessary in the future. Staff predicted a low market in
the year 2001-02 required the Calaveras Reserve to be at $93 million.
If the low market price increased, the Calaveras Reserves could
be reduced below the $93 million figure. Staff's best estimate was
a 4 percent rate increase.
Vice Mayor Andersen asked whether PG&E increased its commercial
customers' rates to cover some of its stranded costs.
Mr. Mrizek said the California Public Utilities Commission (CPUC)
had allowed investor-owned utilities to freeze rates at a very high
level. Currently, PG&E's rates were 10 to 11 cents per kilowatt
hour (kwh), while Palo Alto's rates were less than half. The cost
to deliver energy was less than 10 to 11 cents per kwh, so stranded
costs were already being collected to pay off the Diablo Canyon and
other PG&E stranded costs. PG&E would be allowed to maintain rates
at such high levels through the year 2001, after which it would have
to decrease rates. Palo Alto also planned to reduce rates at the
same time.
Vice Mayor Andersen clarified Mr. Mrizek's statements applied to
residential rates.
Mr. Mrizek replied no. The rates applied to all rates; residential,
commercial, industrial, etc.
Vice Mayor Andersen asked about the cost for producing Calaveras
power.
Mr. Mrizek said the cost of Calaveras power was 10 cents per kwh.
Vice Mayor Andersen asked about the current market price.
Mr. Mrizek said the current market price was 2 cents per kwh.
Vice Mayor Andersen said as much as he appreciated Council's desire
to provide power in the early 1980s, the reason for the power had
been commercial. The tremendous increase had not been seen in
residential power, but commercial power.
06/23/97 −376
Assistant Director of Utilities, Administrative Services, Randy
Baldschun said Vice Mayor Andersen was correct. The rationalization
for entering into the Calaveras project in 1983 had been to power
the demands of Palo Alto's industrial class. To allocate the
stranded costs between the customer classes in Palo Alto, a
percentage of the growth rate between 1980 and 1990 had been taken,
relative to each customer class, as a basis for allocation. Even
the residential class, although a small percentage of the overall
growth, had contributed to some growth. Cost of service subsidies
were typical in municipal and investor-owned utilities. Under
deregulation, however, Palo Alto had to operate as a business and
could not allow rates to be subsidized by customer classes. Competi-
tors talking with Palo Alto's large industrial customers
representing 80 percent of the revenue would pick Palo Alto apart.
If rates were developed based on political factors and not real
cost and market factors, customers could be lost, which was not good
for the City or for the residential customers.
Council Member Wheeler referred to a table on page 4 of the staff
report (CMR:219:97) which indicated that the current residential
rates ranged from 50 to 60 percent below PG&E's rates and, even with
the proposed increase, the rates for residential customers would
remain about 40 percent below PG&E, i.e., even with the proposed
rate increase, Palo Alto residents would have electric rates well
below PG&E's. At the bottom of the chart, Palo Alto's large
commercial customers were only 17.5 percent below PG&E's rates.
An increase in rates for large commercial customers would bring Palo
Alto’s and PG&E’s rates closer, which had been the concern of a
majority of the Finance Committee members.
Council Member Eakins asked about the gap between what Mr. Bay said
concerning all the improvements, renovations, and new tenants in
Midtown and whether a property owner plan was still in the offing.
Ms. Fleming understood the Midtown property owners would still
present a plan. The plan was necessary in order to provide staff
with sufficient information to proceed with the intersection signal
issue. A signal could not be installed without a plan.
Council Member Eakins thought the Midtown group had planned to meet
in July but currently did not have a plan.
Ms. Fleming said Council Member Eakins was probably correct.
Council Member Eakins asked whether sufficient incentive existed
for the group to produce a plan in order to trigger a traffic study.
06/23/97 −377
Ms. Fleming said Midtown property owners had a huge incentive for
the plan to be developed since the traffic signal could not be
installed without a plan.
Council Member Eakins asked whether the signal was a requirement
of the lease.
Ms. Fleming had not seen the lease. Staff members working on Midtown
had met with the merchants, including Longs. Longs had heard clearly
that staff would be supportive asking Council to request financial
assistance for a signal but could not proceed without a plan. All
parties understood how crucial the plan was.
Mayor Huber asked for a vote on the amendment by Council Member
Rosenbaum regarding the fee schedule.
AMENDMENT PASSED 8-0, Schneider absent.
Mayor Huber asked for a vote on the amendment by Vice Mayor Andersen
to provide necessary funding to telecast the PAC meetings.
Council Member Wheeler supported the amendment for all boards and
commissions to be televised, however, the PAC had not been consulted.
PAC members had taken office based on an understanding of a
particular meeting night which had been established for a number
of years, questioning a possible conflict if the meeting night was
changed. If the amendment was passed, the PAC should be given some
leeway to determine whether moving the meeting to an alternate
Wednesday evening was possible. If a problem existed with current
members of the PAC, implementation of the new day could be held in
abeyance until the next appointments to allow individuals to take
into account the new time slot when making decisions about whether
or not to apply or reapply for the position.
Ms. Fleming asked for some flexibility. She understood Council
Member Wheeler's desire, but the City Clerk had indicated a possible
option, if the PAC desired to maintain the same meeting time, which
was to tape-delay the meeting. The Council was asked to provide
staff with flexibility in working out the particulars with the PAC.
Council Member Wheeler agreed.
Vice Mayor Andersen was comfortable with giving flexibility;
however, the intent needed to be clear, in anticipation of having
each of the boards and commissions broadcast. A problem might happen
if two meetings occurred at the same time. The television capacity
might be insufficient to tape both at the same time, even if one
was being recorded. He hoped the PAC would do everything possible
to alter the date to ensure the intent was achieved.
06/23/97 −378
Council Member Wheeler agreed, but had not wanted to lose some good
commissioners midyear because of an inability to meet on a different
day.
City Clerk Gloria Young asked Council Members to consider changing
the amount from $1,800 to $2,300. If PAC decided to remain at the
same location and cablecast meetings from that location, the cost
of cablecasting for a facility outside of the Civic Center was $2,300.
Vice Mayor Andersen had not anticipated PAC not relocating. His
understanding from Mr. Kaplan's perspective was that agendas were
prepared in advance and on occasion, some particular meeting might
require meeting at another site.
Ms. Young said if the PAC decided to remain at the Cultural Center,
the cost would increase from $1,800 to $2,300.
SUBSTITUTE AMENDMENT: Vice Mayor Andersen moved, seconded by
Fazzino, to amend main motion to approve an additional $1,800 to
$2,300 to cablecast Public Art Commission meetings, with the proviso
that the Public Art Commission be allowed an opportunity to discuss
the implementation of the amendment.
Council Member Eakins said she and Council Member Wheeler spent a
great deal of time with PAC. Of all the boards and commissions,
PAC was most dependent on visuals, with the exception of the ARB.
Often the room next to the current location was used. Boards and
commissions dependent upon visual presentations moving into the
Council Chambers faced difficulties. The nature of the work and
qualities of the environment were important aspects to consider.
Mandating the use of the Council Chambers was totally unsuitable
to visual presentations.
Council Member Fazzino supported the recommendation for flexibility
and allocation of something between $1,800 and $2,300. The amount
was insignificant and the PAC needed to be accommodated. If there
was a problem with the evening, he would not want to lose one of
the excellent members of the PAC.
SUBSTITUTE AMENDMENT PASSED 8-0, Schneider absent.
Mayor Huber asked Council to vote on the amendment to increase the
Council salaries per the memorandum of June 16, 1997, to $600 per
month for all Council Members, and increase expenses for the Mayor
to $200 per month and the Vice Mayor of $50 per month, starting January
1998.
06/23/97 −379
Council Member Kniss had been pleased to see the issue before Council,
especially since the amount had not been altered since the 1980s.
Considering the number of times similar groups met, Palo Alto's
Council was one of the few groups which met every week.
Ms. Young said Council Member Kniss was correct. Most of the cities
listed met a minimum of two times per month and some cities only
once a month. Palo Alto's Council Members also attended Standing
Committee meetings.
Council Member Kniss said the issue was always problematic for
Council, but having the public understand the time commitment of
Council members in relation to the money they received was important.
Council Member Fazzino thanked his colleagues, Vice Mayor Andersen
and Council Member McCown for bringing the issue before Council.
The issue needed to be kept in perspective. The amount had only
increased $200 since 1981 and was more an issue of covering expenses
associated with being on the Council. One former Council Member
had real concerns about the fact that lower income or even middle
income people would have a difficult time serving on the Council.
Most Council Members had other significant means of support which
afforded he/she to serve on Council. At the very least, the salary
for Council Members should cover the expenses of individuals
representing all income classes in the community.
Council Member Kniss asked when Council had received an increase
prior to 1981.
Council Member Fazzino thought the last increase prior to 1981 was
1967 or 1968.
Council Member Rosenbaum supported the amendment. The issue was
the amount of time Council Members gave to the City.
Council Member McCown said Palo Alto's Council had been very diligent
in keeping its travel budget down The reality was that all Council
Members traveled quite a bit in and around the Bay Area, all of which
was covered by the salary and not part of any reimbursement, which
was another reason why the adjustment to salary levels for future
members of Council was consistent with the reality of the kinds of
expenses Council Members faced.
AMENDMENT PASSED 8-0, Schneider absent.
Mayor Huber asked Council to vote on the suspension of collection
of street closure fees in August of 1997 as had been done in August
of 1996.
06/23/97 −380
Council Member Fazzino asked whether August was being designated
as Block Party Month.
Ms. Fleming said Council could make a decision to do so.
Council Member Fazzino thought July might be a popular block party
month also.
AMENDMENT PASSED 8-0, Schneider absent.
Council Member Fazzino asked about lack of participation and the
possibility of more participation in the low-income/disabled program
if the rates were reduced even further.
Mr. Thiltgen said staff had gone into the program not knowing what
kind of response would be realized. A larger increase would probably
result in increased participation, but the degree of added
participation could not be estimated. The program did not start
until September 1996. The plan was to have an evaluation process
in September 1997 to determine how the program had progressed, which
was one of the reasons staff had not proposed a change. The
evaluation would involve the participants in the program. Staff
wanted to go through an entire year, evaluate the program, and then
make decisions.
Council Member Fazzino asked about the possibility of a midyear
adjustment based on an evaluation in September and October.
Mr. Thiltgen replied yes. However, staff did not want to guarantee
that the evaluation would be completed that quickly. After speaking
with the Human Relations Commission (HRC), staff would determine
what kind of evaluation process to go through. A survey might be
necessary, which would take time.
Council Member Fazzino asked whether, after the evaluation and if
staff determined a further reduction would result in greater
participation, staff would be open to bringing the issue up midyear
for reevaluation.
Mr. Thiltgen said staff would reevaluate the program. The timing
for a recommendation would be based on the timing of the evaluation.
Ms. Fleming said one of the problems staff had faced in the past
had resulted when it had rushed into something without going through
proper processes. Staff would start the process, a survey would
be conducted, and staff would meet with the HRC. The program would
not be returned to Council until staff had conducted a thorough job.
The only legitimate concern was expressed by Mr. Kerber who had
also had other issues surrounding his ability to use the facilities.
06/23/97 −381
Within staff's authority, every flexibility and accommodation had
been made for Mr. Kerber, which did not negate the validity of the
issues raised. Staff would do it properly and, if possible, return
to Council prior to the next budget cycle. Staff understood
Council's concerns.
Council Member Fazzino said it was clear there was not much
receptivity to the program as currently constituted given the lack
of participation. He was willing to accept the need to complete
an evaluation of the program, was sympathetic to the possibility
of an increased reduction, and was willing to wait for the evaluation.
He was troubled that the City had failed to attain to the number
of participants predicted a year prior.
Mr. Calonne said Council compensation was limited by the City Charter
according to General Law cities which, for cities in Palo Alto's
range, had a limitation of $500 per month.
Vice Mayor Andersen asked about the Mayor's expenses.
Mr. Calonne said the Charter contained no provision for specific
expense payments. One provision authorized 5 percent per calendar
year from the date of the last adjustment.
Vice Mayor Andersen had no problem authorizing the budget amount
request.
Mr. Calonne said the issue was whether or not such an increase was
allowed under each city's charter. Palo Alto's Charter bound the
City to the General Law.
Mayor Huber said the motion would remain as initially stated, and
the City Attorney would return with an appropriate ordinance.
MAIN MOTION AS AMENDED PASSED 8-0, Schneider absent.
REPORTS OF OFFICIALS
7. Amendment No. 3 to Agreement No. C3038164 between the City of
Palo Alto and ASI Landmark, Inc. for Geographic Information
System Professional Engineering Consultant Services
8. Contract between the City of Palo Alto and Mid-Peninsula Access
Corporation for Cablecasting Services
9. Contracts for Recreation Programs and the Use of Palo Alto
Unified School District (PAUSD) Facilities
06/23/97 −382
Agreement between the City of Palo Alto and Peninsula Sports
Officials Association for Scheduling of Umpires and Officials
for Adult Softball and Basketball Leagues
Agreement between the City of Palo Alto and John Whitlinger
for Tennis Instructors
Agreement between the City of Palo Alto and Gymnastics West
for Instructors for Gymnastics and Related Classes
Agreement between the City of Palo Alto and Skyhawks Sports
Academy for Instructors for Sports Camps
Agreement between the City of Palo Alto and Palo Alto Unified
School District (PAUSD) for Rental of Facilities for Recreation
Programs
10. Amendment No. 1 to Agreement C96-018 between the City of Palo
Alto and Palo Alto Unified School District (PAUSD) for
Maintenance of District Athletic Fields
11. Contract between the City of Palo Alto and Diablo Landscape
Management, Inc. for Cubberley Community Center Landscape
Maintenance
12. Contract between the City of Palo Alto and Diablo Landscape
Management, Inc. for Landscape Maintenance Service
13. Human Services Agreements for Fiscal Year 1997-98
Amendment No. 8 to Contract No. C0006279 between the City of
Palo Alto and Adolescent Counseling Services, Inc. for
Provision of Counseling Services for Adolescents
Amendment No. 3 to Contract No. C5053182 between the City of
Palo Alto and Community Association for Rehabilitation for
Provision of Services to the Developmentally Disabled
Amendment No. 3 to Contract No. C5053189 between the City of
Palo Alto and the Palo Alto Community Child Care, Inc. for
Provision of Subsidized Child Care and Administrative Support
for Operation of the Subsidy Program
Amendment No. 9 to Contract No. C0001714 between the City of
Palo Alto and the Senior Coordinating Council of the Palo Alto
Area, Inc. for Provision of Services for Senior Adults
06/23/97 −383
Contract between the City of Palo Alto and Peninsula Area
Information and Referral Services, Inc. for Operation of
Landlord/Tenant and Community Mediation Services
14. Contract between the City of Palo Alto and Peninsula Area
Information and Referral Services, Inc. for Provision of
Telephone Information and Referral Services
15. Agreement between the City of Palo Alto and the Palo Alto Housing
Corporation for Below Market Rate Housing Program
Administrative Services
16. Agreement between the City of Palo Alto and the Palo Alto Housing
Corporation for 1997-98 Community Development Block Grant Funds
17. Agreement between the City of Palo Alto and Urban Ministry of
Palo Alto Inc. for 1997-98 Community Development Block Grant
Funds
18. Agreement between the City of Palo Alto and the City of Los
Altos for Emergency Animal Control and Care Services
Item removed by staff
19. Agreement between the City of Palo Alto and the Town of Los
Altos Hills for Emergency Animal Control and Care Services
20. Agreement between the City of Palo Alto and Universal Sweeping
Services for Sweeping Services for City Garages and Parking
Lots
21. Contract between the City of Palo Alto and Wackenhut Corporation
to Provide Security Services at the Municipal Service Center
(MSC) and Parking Structures J and Q
22. Contract between the City of Palo Alto and Empire Equipment
for Heavy Equipment Repairs
23. Agreement between the City of Palo Alto and Sure Flow, Inc.
dba Roto-Rooter for the Performance of Sewer Lateral
Maintenance Services to Palo Alto Residents
24. Amendment No. 5 to Agreement No. S3036240 between the City of
Palo Alto and Geodesy for the Performance of Geographic
Information System Application Software Development Services
25. Contract between the City of Palo Alto and Graphic Data Systems
Corporation for Geographical Information System Hardware and
Software Maintenance Services
06/23/97 −384
Mayor Huber said he and Council Member Rosenbaum had been concerned
about the tree trimming issue, i.e., the work being contracted out
was costing more than keeping the work in-house.
Director of Community Services Paul Thiltgen said when staff had
gone out to bid late in the year, staff had realized the issue needed
to be reexamined. However, staff wanted to reexamine the issue in
the following fiscal year. The City's tree trimming would be
contracted for one year, after which time staff would return to
Council with a recommendation as to whether or not to continue
contracting out the work or try a different approach.
Council Member Rosenbaum asked whether the bids were higher than
anticipated.
Mr. Thiltgen said bids for landscaping had increased considerably
more than staff anticipated.
Council Member Rosenbaum asked whether the increase was a result
of higher pay for workers.
Mr. Thiltgen said staff only received bid estimates based on the
work. The amount paid to the contractor's staff was unknown. Staff
only asked for a flat rate to get the work done. The same maintenance
level as the City had maintained was the request. Whether the
increase was due to administrative costs, salaries, etc., was
unknown.
Council Member Rosenbaum asked whether the contractor indicated the
number of hours required to do the job.
Mr. Thiltgen said the contractor would indicate what it would do,
staff would tell the contractor what was anticipated, and the two
had to match up.
Council Member Rosenbaum asked whether the contractor provided an
estimate for the number of hours.
Mr. Thiltgen replied yes.
Council Member Rosenbaum asked how the number of hours compared with
the number of hours required to complete the work in-house.
Mr. Thiltgen said the two matched up, i.e., the contractor would
spend the same amount of hours to do the same work.
Council Member Kniss said the Finance Committee had expressed concern
about the trash build-up in the Downtown area, particularly on
weekends.
06/23/97 −385
City Manager June Fleming said staff had reexamined the records which
indicated the City had, through its own resources, cleaned up trash
receptacles on a seven-day week, supplementing the Palo Alto
Sanitation Company (PASCO) pickups. The budget made provision for
trash pickup on the weekends beginning in July. The weather had
been warmer earlier resulting in the awareness of the trash. Since
the issue had been raised at a Finance Committee meeting, staff found
a way within existing authorization to begin the Sunday pickups
earlier. Weekly reports from the Public Works Department had
indicated pickups on University Avenue and side streets between
Lytton and Hamilton Avenues were being conducted. Some weekends
were worse than others, but people who had seen the early pickups
thanked staff for doing so. Council Member Schneider met with some
Downtown people who had noticed a difference and expressed
appreciation. Staff had been surprised that the amount of litter
and overflow on the side streets was almost twice that of University
Avenue. No adjustment was necessary to the budget.
Council Member Kniss asked for an explanation about the "green
machine."
Ms. Fleming said the concern expressed to Council Members via e-mail
that the "green machine" had displaced an employee was untrue. The
"green machine" was known widely at the Champs Elysees in Paris which
stayed clean because a crew came out in the evening to wash the streets
and pickup trash when the tourists were away. The "green machine"
was similar to the one used in Paris. San Francisco had sent a
delegation to Paris to examine the machine, but she had been able
to find the machine without having to go to Paris. The problem was
that the machine was not made or distributed in the United States
at that time. Currently, the machine was being distributed in the
United States and a number of cities were considering the machine.
The Public Works Department had done a great job of researching
the machine and obtaining one for Palo Alto on a trial basis prior
to purchase. The machine provided a great deal of flexibility the
City had not had previously. The streets could be cleaned early
in the morning prior to having crowds on the streets. The potential
had not been fully realized because it had been used on sidewalks.
The machine could probably be used in parking lots and other places.
The machine had been in use for about one month and was very flexible.
One machine had been purchased by Palo Alto. San Francisco had
four or five on order but had not yet arrived. A number of things
had happened in the Downtown area to help make the area cleaner:
the 7-day pickup program, attention with hand-cleaning, and a general
increase about the community in wanting to make it look better.
Council Member Kniss said staff and the Public Works Department
should be commended. As Palo Alto's Downtown area had become more
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of a destination, a number of comments about its cleanliness had
been received. Vice Mayor Andersen had indicated a willingness to
travel to Paris to examine their toilettes.
Ms. Fleming said staff had already been involved in discussions with
a neighboring city also interested in the toilets. Staff would
return to Council in July with more information.
Council Member Eakins asked when Council would be allowed to see
the "green machine."
Director of Public Works Glenn Roberts said staff would be happy
to work with Council to arrange for a time to examine the machine.
Council Member Eakins asked whether the machine could handle one
of the most offensive types of soil, chewing gum. The newest parking
garage on California Avenue was disgusting.
Mr. Roberts said unfortunately very few things were effective with
chewing gum other than hand-scraping with a putty knife and
high-pressure steam cleaning.
Ms. Fleming said a few things were difficult to remove, e.g., candle
wax and chewing gum. The machine picked up glass, tin, paper,
leaves, etc.
Council Member Wheeler indicated she would not be participating in
Item 13, the Human Services Agreements for Fiscal Year 1997-98
because of her employment with one of the contracting agencies.
MOTION: Vice Mayor Andersen moved, seconded by Rosenbaum, to approve
Item Nos. 7 - 25, with Item No. 18 removed by staff.
MOTION PASSED 8-0 for Item Nos. 7-12, 14-17, and 19-25, Schneider
absent.
MOTION PASSED 7-0-1 for Item No. 13, Wheeler “abstaining,” Schneider
absent.
RECESS: 9:30 P.M. - 9:51 P.M.
COUNCIL MATTERS
26. Council Members Kniss and Schneider re Council Chambers
Remodeling
Council Member Kniss said the issue of remodeling the Council
Chambers had become a matter of some concern to the general public;
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therefore, she and Council Member Schneider thought revisiting the
issue was appropriate.
City Manager June Fleming said consistent with the intent of Council
Member Kniss and Schneider's memorandum, requesting staff provide
a revised project, she had consulted with the Public Works
Department. If a revised project was desired, staff could return
with a new Scope of Services consistent with the memorandum prior
to Council's vacation.
MOTION: Council Member Kniss moved, seconded by Fazzino, that the
City Manager be directed to bring the Council a revision to the
approved Chambers Remodel Project to reduce the cost and scope prior
to the City Council’s vacation commencing August 12, 1997.
Council Member Fazzino asked whether Council was rescinding its
motion from a few weeks prior to remodel the Council Chambers at
a cost of $950,000 and clarified the entire issue would return to
Council for a completely new review prior to Council's vacation.
Council Member McCown asked whether the report would seek a project
of less than staff's original $320,000 recommendation.
Council Member Kniss thought staff's original suggestion had been
a good one. Since the discussion, she had received more communica-
tions from the public in the form of phone, e-mail, etc., than before.
As a result, she had asked Ms. Fleming to reexamine the issue.
Something needed to be done since it had been a long time since
anything had been done to the Council Chambers.
Council Member McCown understood the staff's original $320,000
project addressed the visual problems, but had not addressed the
microphones and sound system only. After having asked about some
level of improvement in the visual aspect, the consultant had
indicated the extra work would be necessary. She personally placed
a higher priority on the visual aspects rather than the microphones.
The audio system worked better than the visual system in the Chambers
She queried alternatives to improving the visual aspects.
Ms. Fleming said staff would look into the visual aspects of the
Chambers. The issue about the microphone system was that one or
two members of other boards/commissions found it impossible to use
the microphones. A hand-held microphone had to be brought in to
accommodate people. Improving the amplification system should not
be that expensive. Staff would examine changes for a less
sophisticated but improved presentations system also.
Vice Mayor Andersen said something needed to be done about the
audio/visual problem in the Chambers. One of the most frustrating
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aspects of the press having picked up on the issue was that Council
had wanted to make certain the public was able to see what Council
was doing when in the Chambers, which required some audio/visual
improvements not contained in staff's original plan. It had
appeared that Council was trying to take some entitlement for itself.
The chairs in the Council Chambers were taped, on them and there
were reasons why the Chambers required some work. Admittedly, the
microphones needed improvement, but the public needed to be able
to see well. Monitors would allow people to see Council's business
in an effective manner. He asked whether either Plan A or Plan B
had included anything for the Council Conference Room, which also
needed work. The question was not so much of dollars but of needs.
One of the needs was to adequately broadcast from the Council
Conference Room. The audio/visual mechanisms were totally
inadequate, for which he hoped staff would be able to provide
suggestions of improvement. The committee meetings were not
adequately broadcast and should be a consideration.
Ms. Fleming said from the outset, the project had only addressed
the Council Chambers. Staff had not spoken with anyone about the
Council Conference Room which admittedly was inadequate. Seven
years prior, preliminary estimates had been drawn up regarding
improvements to the Council Conference Room but the cost had been
extremely high. The situation was very makeshift and required a
great deal of work to improve the quality of audience participation
or even being able to hear what was going on at the table. Radio
connections had to be "jerry-rigged;" however, the room was not
included in the scope of the current project and should be handled
as a separate project. If Council so desired, it could direct staff
to proceed.
Vice Mayor Andersen recognized the need to separate out the projects.
He was aware the room was inadequate considering the types of
meetings being held and the way in which the meetings were broadcast
to the community. He asked whether the suggestion to direct staff
to address the Council Conference Room as a separate item was
appropriate at the current time.
Ms. Fleming said Council had several options. Either Council could
make an amendment to the current motion to include the work, include
it at the time of the Midyear Report on the CIP, or Council could
give direction to staff after the amount of resources and scope of
the Chambers project was known.
Vice Mayor Andersen suspected his colleagues were unprepared to
suggest a greater expenditure. However, the issue was one which
should be explored quickly. He encouraged his colleagues to give
the issue consideration at another time at the earliest possible
date. No personal benefit to Council would be realized by the
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improvements. Tradeoffs were always involved when money was
expended; however, both facilities should more adequately allow for
the public's ability to know what was transpiring.
Council Member Eakins said the need for visual improvements in the
Council Chambers was important. Applicants and members of the
public went to a great deal of trouble to make clear visual
presentations which were not effectively presented in spite of all
the work and effort because of the inadequacy of the equipment and
limitations built into the shape of the room. Although the open,
fan-shaped room contributed to a sense of community, there were
built-in difficulties. Some resolution should be found for the
difficulties. Council should not feel unduly chastened by the
initial outrage, which had come across on e-mail, etc. The Council
should have the courage to ensure its visual presentations from
applicants to general members of the public to be improved and
perceived to communicate better. The overall goal was for better
communication.
Council Member Wheeler said if Council had been in total agreement
with the $320,000 figure, the project would have been approved.
Inadequacies existed which had been identified but exceeded the
$320,000. A project somewhere between Council's approved project
and the $320,000 needed to be identified. Although her initial
question about phasing the project similar to the manner in which
some major CIP projects were handled had put a staff member on the
spot, she queried exploring a project which would not have to be
accomplished all in one year but in distinct and separate modules.
Such a process would identify the need and when funding was
available, accomplish that aspect of the project. The City would
not have to complete a large project once started and would not do
something in an earlier stage which precluded some Council in the
future from moving forward when the opportunity arose.
Council Member Fazzino thought the Council could have handled the
situation better, due to its excitement about state-of-the-art
technology. Long-term, he still hoped such a project might occur.
He had indicated previously and should probably have pursued the
idea that if the City was going to move in that direction, it made
more sense, given that the City was the birth place of the Silicon
Valley, to ask a local company to donate the equipment to the City.
Given the audio/visual problems in the Chambers, computer monitors
available for use by the public would be extremely beneficial.
Short-term, he was happy to rescind Council's action. Unfortu-
nately, City Hall had been built during the worst architectural
period of the past 100 years. The Chambers and City Hall had remained
inadequate to serve the public and Council for three decades.
Significant audio-visual, and lighting problems existed. Any
objective observer would recognize the difficulty in reading in the
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Chambers given the current lighting. The seats were extremely
uncomfortable and citizens of Palo Alto deserved better. The
greatest problem faced by the City, which could be resolved through
the expenditure of $300,000 as opposed to $900,000, was the
tremendous separation between the public and Council given the design
of the Chambers. Time and time again, individuals had indicated
how intimidating it was to address the Council given the great chasm
between the public and Council. Every effort should be made to
create as nonintimidating an environment as possible, which would
lead to greater access by the public to its elected officials and
greater participation by the public in Palo Alto activities. It
was entirely reasonable to spend the lower amount to resolve issues
associated with the current design separation between public and
Council, the seating problems, lighting, and audio-visual concerns.
When the issue came back to Council, he would support such changes;
however, $950,000 for the improvements was probably an inappropriate
amount to spend.
Vice Mayor Andersen was very interested in Council Member Wheeler's
suggestion about phasing which, at some point, would include
improving the audio-visual as well. He was unsure whether the issue
could be included in the current project, but he was interested in
a phasing approach which would allow the community to see exactly
what, why, and when.
MOTION PASSED 8-0, Schneider absent.
27. Council Members Fazzino and Kniss re Safety and Lighting
Improvements in the Downtown Area
Council Member Kniss reminded the community about the homicide
involving NASA Scientist Dr. Bert Kay which had occurred the week
before. The Council had been kept aware of every development as
it occurred. She thanked the Police Department in particular. A
conversation with Assistant Police Chief Lynne John was particularly
thanked. She had personally had about five conversations with Lynn
Johnson during the time. A conversation with Ms. Johnson on the
following Monday had been the impetus for the memorandum. After
having expressed frustration with what had occurred, she had asked
what could be done. The memorandum was a compilation of comments
made by herself, Council Member Fazzino, the City Manager, Assistant
Police Chief, Assistant City Manager, and the City Clerk. The
memorandum suggested examining things in the Downtown area,
particularly lighting and other areas involving Utilities and the
Public Works Departments.
City Manager June Fleming was not shocked when she received the news
about the incident. The immediate response in the community was
amazement that it could happen in Palo Alto. However, reality was
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that such actions could happen anywhere at any time. The inclination
was always to use resources as a solution. She had advised Council
Member Kniss that there was no assurance that any project would
preclude such an occurrence in the future. Police staffing could
be tripled or quadrupled and it would not guarantee it would not
happen again. She could not explain why or how it happened, but
it was a sign of the times. Coincidentally, just before leaving
on her vacation, Council Member Kniss had spoken to her about concerns
she had received from people living in residential areas about the
quality of lighting in residential areas. The realization was that
the issue was not just Downtown, but inadequate lighting was a
citywide problem. One neighborhood raised an issue about lights
not being sufficiently bright, with trees hanging over them which
needed trimming. Staff responded to the complaints and within a
week, she received calls about the lights being too bright. A
balance was needed. Mr. Mrizek had said the current lighting
provided better illumination than the previous lighting, but people
thought it would be brighter without the yellow lights. She could
not tell Council that changing the lighting would be easy, that it
could be done without much consultation with neighborhoods, that
it would make Palo Alto 100 percent safe or that it would not occur
again. What had occurred was sad and, as tragic as it was, it
was a sign of the times. Looking into the City's lighting was
rational, but should not be rushed into and should not be viewed
as a panacea or a way to make people feel more comfortable.
Council Member Kniss said more people were in the Downtown area later
in the evening and were parking further into residential areas.
Across from Lot Q, late in the evening, she had noticed she had noticed
people running across Alma to get to the train parking lot which
was quite dark. City staff could work together on the issue.
Council Member Fazzino said Council Member Kniss had called him a
week prior and he had agreed to participate in the memorandum. It
was important to him that Council Member Kniss confer with staff
and determine whether or not the activity would be constructive which
he believed it was. The Council had been devastated by the
occurrence a week prior. Some said the tragedy had been a random
act which could have happened anywhere at any time, with which he
agreed. However, the job of any government was to reduce the
possibility of such random acts occurring through any actions
possible. The City might already be doing enough to ensure public
safety in the Downtown area. Police patrols had been increased,
which had been a successful effort over the past few years and
tremendous support from the public for the increased level of
activity had been seen. Despite that fact, he still believed, in
light of the tragedy, that it was appropriate and the responsibil-
ity of the City to evaluate whether all steps were being taken to
ensure public safety in the Downtown area. For example, a number
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of complaints had been received from Susan Frank, President and CEO
of the Chamber of Commerce, as well as Downtown residents regarding
the quality of life in the area. Some concerns had been expressed,
given the economic success of Downtown, about the uses emerging in
the area inconsistent with public safety which should be addressed.
Police patrols had increased, but the question had been whether
more were necessary, particularly late at night. Many concerns had
been expressed by Downtown residents and commuters about the lack
of safety at the train station after dark. The issues were entirely
reasonable to discuss with the Police, Public Works, and Utilities
Departments in order to ensure the highest level of safety.
Additional steps might be taken based on good data and, despite the
fact that such a tragedy could again occur. It was appropriate to
work with the City Manager to determine whether additional steps
could be taken in one or more of the areas to increase public safety.
Council Member Wheeler referred to the next to the last paragraph
of the memorandum which indicated there might be "uses" in the
business district inconsistent with the safety desired. Since no
actions had been included in the conclusion paragraph for a study,
she asked what the statement meant to convey.
Council Member Kniss said part of the memorandum was a reflection
on what had been occurring in the Downtown area. The "uses" referred
to a number of discussions which had occurred about live music and
extended hours by some restaurants. However, that particular issue
should not be addressed at the current time since it had been
discussed for the past several months. The considerable changes
in the Downtown area were important to note. The activity level
over the past six or seven years had made safety issues more of a
challenge as well as simply living in the area. Vehicle activity
into neighborhoods was also an issue.
Council Member Fazzino agreed with Council Member Kniss. The
memorandum had not been intended as an anti-bar or late-night
restaurant statement, but there was much more activity late at night,
greater incidents of drunkenness, brawls, a police officer had been
struck a year prior next to a bar, etc. Such activities had not
occurred before because there had been fewer bars. Very few places
had stayed open late. The comment was not negative against bars
and restaurants, however, it had changed the character of the
Downtown area over the past decade.
Council Member Wheeler said much investigative work had been
conducted very effectively. The Police Department had done an
outstanding job in its investigation of the crime, bringing suspects
in hand quickly. She suspected the investigation in the normal
course of things included, without Council direction, examining some
of the problems and root causes which might have lead up to such
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a crime being perpetrated and would, in the course of things, more
than likely bring to the City Manager and possibly Council, findings
and recommendations.
Ms. Fleming said Council Member Wheeler was correct that the Police
Department was still in the process of completing its investigation
in terms of the specific incident. The police had witnessed other
potentials for unsafe conditions, continued to analyze why things
occurred and made requests for clearing of shrubs, changing
vegetation, putting in improved street lighting, etc. Such actions
occurred so routinely, Council probably would not have noticed.
Recently, without additional resources, staff had responded to an
issue raised by a police officer who, during his Downtown assignment,
had noticed a particular area which needed to be cleared, i.e., too
much brush, bad lighting, etc. Staff was currently looking at an
area Downtown and would be returning with a recommendation for
lighting in another area. Such actions were a matter of course.
The City had had a number of serious incidents occur, e.g., at
Mitchell Park, at an ATM, near East Bayshore, etc. As the police
had completed the investigations and things were noted which the
City could do to make the areas safer, staff proceeded to have the
areas taken care of. Sometimes negative complaints had resulted
from the work. Recently, a Downtown park had been made more visible
and open and the City was accused of eliminating places where people
wanted to "rest." If she needed to return to Council with a special
project, she would do so, but she had not had to.
Council Member Wheeler said the community had gone through a very
difficult time. Council felt a special commitment to the community
and a special personal responsibility to do whatever possible for
the community. She was concerned about the memorandum and what it
suggested for a few reasons. There was no question the Police
Department had done a superb job to date. One thing Council noticed
in discussions with various members of the Police Department, as
Council and the rest of the Bay Area watched news coverage of the
incident, was that the Police Department had clearly taken on the
case in not only a very professional manner, but had devoted a
personal effort and emotion into the case. One reason the Police
Department had been so successful in the rather significant cases
which had come before it over the past few years was the good sense
of letting members of the press, the community, and Council know
the facts which absolutely needed to be known while not letting too
much be known. Therefore, she felt inadequate to examine the
memorandum and say the memorandum had done a good job of identify-
ing problems which might have lead to the incident. She was
reluctant as a leader in the community to take actions which might
lull its citizens into a sense of safety while giving Council the
feeling it was doing something for them, but she understood the
impatience and desire to make the citizens feel safer and actually
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make them safer. Since so little was known about whether the
problems noted in the memorandum had actually played a role in the
case with the direction specific to the City Manager and the City
Manager advising that staff would continue its investigation of the
case and would, if necessary, return to Council with a CIP, etc.,
she thought staff should be commended and encouraged to look at all
relevant safety aspects of the case, the situation in the area, and
return to Council for authorization to proceed, as needed.
Council Member Eakins thought Palo Alto's police officers were more
"peace officers," i.e., a strong reassuring presence which added
stability during a time when people were feeling a great deal of
turmoil, for which she was grateful. She had always been told that
Whenever a street crime occurred, it was due to opportunity. Council
Member Wheeler was correct, Council did not know all the answers
because the questions were unknown. Having personally made the walk
and seeing how dark some of the streets were, how a small unevenness
of the sidewalk seemed hazardous, and having gone through a number
of trip-and-fall cases, she thought somehow the lighting could be
improved. During the Urban Design workshops, the consultant had
mentioned that on Palo Alto's side streets, the lighting seemed to
be placed too high in the trees and often failed to reach sidewalks.
The City should probably continue to work with the design
consultants to see whether some insight or suggestions were possible.
Vice Mayor Andersen appreciated Council Member Wheeler's appropri-
ate and diplomatic approach to the issue. He asked what staff would
be asked to do that it would not do without the memorandum. From
the response he had received from the City Manager to Council Member
Wheeler's question, he was unable to get a clear picture of what
would be done differently.
Ms. Fleming said the memorandum was a public reminder that Council
would support staff and staff should not be hesitant about coming
to Council if additional resources were necessary to address a
problem. The analysis of situations like the one the City had just
faced was a common practice. There was a comfort level to know
Council was present to remind staff, that Council appreciated all
the hard work staff had done, and to tell staff whether something
else needed to be done. Staff could come to Council regardless
with anything that needed to be done to improve safety.
Vice Mayor Andersen appreciated Ms. Fleming's response. However,
if the memorandum had never come to pass, staff would have done the
same thing. Staff would have given Council a request immediately.
The Police Chief had never been shy about asking for funds or
resources if he thought it was necessary. If the investigation
provided such information, he was sure the Police Chief would be
quick to respond. As to the Public Works direction, there was no
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way the City could provide lighting to remove all danger in the
community. As much as he appreciated the concern and desire to reach
out and tell the community the City was on top of the situation,
that was not the role of Council. The Police Department was
conducting excellent investigative work and tremendous efforts were
being made. The community recognized that the City was on top of
the situation without taking such direction. Almost $16 million
was being spent for police protection in Palo Alto, for which a budget
had just been approved. The City was doing all it possibly could
to make the community a safe place. If there were areas which needed
to be improved upon, staff would be the first to come to Council
with suggestions. He was not in support of the motion, but could
support the statement made by Council Member Wheeler which should
be clearly stated to the community that the City would not use the
tragedy for political purposes.
Council Member Kniss disagreed with Vice Mayor Andersen's comment
that the tragedy was being used for political purposes. She had
worked very closely with staff on the motion. The goal was not to
solicit a report on the specific case or the cause. All were
sympathetic with the family, supportive of the excellent work
conducted by the Police Department, and the City was no longer immune,
but that was not the issue of the memorandum.
MOTION: Council Member Kniss moved, seconded by Fazzino, to ask
the City Manager to work with the Utilities and Public Works
Departments, in consultation with the Police Department, to
determine which streets and public facilities might need additional
lighting or tree trimming to increase safety, and to return to the
Council with a capital improvement project to accomplish it.
Additionally, that Council ask the City Manager to review the level
of police crime prevention resources, and return with a report on
what, if any, additional resources might be necessary to enhance
prevention and safety efforts.
Council Member Kniss said the motion had not asked for any recounting
of what had occurred over the past week. The subject was one of
safety and lighting improvements in the Downtown area, not a total
report on the Kay case. The motion was simply Council's opportunity
to tell the community what was happening to increase safety and to
establish as a benchmark where the City currently was. Palo Alto
had changed and had a different level of activity and incidents.
Council Member Fazzino had been surprised by some of the adverse
comments. Palo Alto was a very safe community. A number of steps
had been taken over the past few years to make the community as safe
as possible, of which the City Manager and Police Department had
been in the forefront. Everyone had to work together, Council,
staff, and the community, to continue to make the community as safe
06/23/97 −396
as possible, which was the intent of the motion. A number of
complaints had been received from citizens regarding different
aspects of Downtown safety. Unfortunately, the tragedy had brought
forth some of the complaints, but that was reality. Ms. Frank had
been quoted in the newspaper expressing serious concerns about
lighting. Council Members were public officials, elected by members
of the public, and it was entirely reasonable for Council to address
legitimate concerns of members of the public and bring the issue
before colleagues. By doing so, no one was being criticized.
Rather, great support had been given to City staff, particularly
the Police Department, to make the community as safe as possible.
He was very sensitive to Vice Mayor Andersen's comments about
raising the issue at the particular time. However, he had
specifically asked Council Member Kniss to speak with staff to
continue to work with staff to design a memo with which staff was
comfortable. Staff had worked on the memo, changed the language
significantly, and was an item which had been drafted jointly by
Council Member Kniss and staff. The issue was absolutely not
political grandstanding and he felt it was inappropriate to make
such a comment during such a time of tragedy and difficulty.
Everyone needed to work together. Some might disagree with some
specific proposal or feel the City was already doing enough to ensure
public safety, which was a legitimate argument. However, impugning
the motives of a fellow colleague was inappropriate. With respect
to Council leadership, in the past, the Police Department and other
City departments had provided the leadership when it came to public
safety in most cases. However, two years prior, Council had learned
after nine months that police patrols, if not eliminated, had
diminished in the Downtown area. It had taken Council leadership
and action to increase the police presence in the Downtown area,
which was a very tangible example of Council providing leadership
with respect to public safety. The request was very legitimate,
reasonable, and modest for City staff to talk among itself, the
various departments, and return to Council with any suggestions to
increase the level of public safety in the Downtown area.
Unfortunately, it had taken such a tragedy to bring Council to the
place of having to reevaluate public safety. However, as
responsible public officials, it was entirely appropriate to respond
to the concerns of the citizens to address the issue. If nothing
else, at least the public would be informed that the City had taken
every possible step to ensure public safety in the Downtown area.
If that was the result, it was well worth the amount of work which
would go into it.
Mayor Huber clarified Council Member Fazzino's second differed from
the original motion, since the motion was to return with a CIP, and
the second was to study and, if appropriate, to bring it back. He
could agree with the latter part.
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Council Member Kniss said the wording of the motion had been suggested
by staff. She had suggested only to address safety and lighting
improvements in the Downtown area. If a CIP was unnecessary at the
present time, and Ms. Fleming wished to return to Council with it,
that was fine.
Mayor Huber had merely needed to know which direction was to be
included in the motion. Having staff under any circumstance
reevaluate what was being done was appropriate. If necessary, staff
could return with a CIP request.
Council Member Kniss said if Council was more comfortable with such
wording, she would be comfortable with a change. She just wanted
the issue to be examined, and was not concerned with how it was carried
out.
Council Member Fazzino said when Council Member Kniss had first
contacted him, she had wanted to engage staff in returning with
recommendations. Staff, based on the changes, had been willing to
be bolder than Council was willing to be. He recommended going back
to the original intent, simply directing staff to engage in a study
with respect to Downtown safety issues and return with any
recommendations regarding lighting and safety in the Downtown area.
Council Member Kniss was comfortable with such a change, and ask
the City Manager for an opinion.
Ms. Fleming thought staff had done the best it could with assisting
Council Member Kniss with the memorandum. But as the City Manager,
she was more familiar with what should be done. Technically, the
wording should have been "...direct City Manager to consider bringing
a CIP if deemed appropriate," which was consistent with the way the
City was administered. Staff had not intended to conjure up a CIP
which was not needed. She was comfortable with a revision to ask
staff to examine the issues and return to Council, and having the
City Manager consider a CIP, if needed. The intent would not change,
just work with the practicalities of running the City.
SUBSTITUTE MOTION: Council Member Kniss moved, seconded by Fazzino,
to ask the City Manager to work with the Utilities and Public Works
Departments, in consultation with the Police Department, to
determine which streets and public facilities might need additional
lighting or tree trimming to increase safety, and to consider the
possibility of a capital improvement project to accomplish it, if
needed. Additionally, that Council ask the City Manager to review
the level of police crime prevention resources, and return with a
report on what, if any, additional resources might be needed to
enhance prevention and safety efforts.
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Council Member McCown thought what had created the struggle was that
normally when Council gave direction to the City Manager, it was
because there was an area of policy which the City had not focused
on or was not being given the priority that had come to light in
information brought to the Council. The City Manager in many
instances thought moving in such a direction was inappropriate
without receiving Council direction. The two points the memorandum
spoke to were already City policy, i.e., the safety of the streets
and public facilities and the appropriate level of crime prevention
resources brought to bear by the Police Department was already paid
attention to in so many different ways. The struggle was whether
Council was giving direction to the City Manager and her staff in
areas which were already staff's job and, if true, why that direction
would be given. Usually, when Council desired a report on a
particular area of what was going on, it was requested in a more
informal manner. The memorandum was a hybrid and seemed to be was
giving direction in an area in which the City Manager and her staff
already acted. She understood the spirit of the memorandum and the
importance of Council expressing its concern, but the simpler thing
might be to ask the City Manager in the substitute motion, for a
report on the two basic subject areas as the affected Downtown.
It would be up to the City Manager to advise Council as to whether
there were resources or actions recommended which were not part of
the existing policy. She was willing to support the substitute
motion as currently phrased, but somehow Council had become confused
in trying to give direction where perhaps no direction was needed.
Council Member Rosenbaum shared Council Member Fazzino's surprise
at some of the adverse comments. He regarded the memorandum as a
perfectly appropriate expression of concern on the part of the
elected leadership which was no reflection on staff. Clearly staff
had done a wonderful job in addressing the actual crime. He
supported the substitute motion.
Council Member Wheeler said the concept had been considerably
softened through the discussion and understanding the substitute
motion speaking to the two issues of lighting and tree trimming and
crime prevention resources. Since Council was asking staff to
report back to it, she asked whether the report would move beyond
the two specific items if staff discovered there was something either
in addition to or instead of the areas which would be recommended
for action.
Ms. Fleming said although the report addressed the three areas, she
would be negligent if she did not return with other needs which might
surface not specific to the case or street.
SUBSTITUTE MOTION PASSED 7-1-1, Andersen “no,” Schneider absent.
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ADJOURNMENT: The meeting adjourned at 11:07 p.m. in memory of Dr.
Bert Kay, a NASA scientist and Palo Alto resident who died tragically
on June 12, 1997.
ATTEST: APPROVED:
City Clerk Mayor
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