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HomeMy WebLinkAbout1989-12-18 City Council Summary MinutesCITE COUNCIL MINUTES PALOALTO CITY COUNCIL MEETINGSARE BROADCAST LIVE VIA KZSU-FREOL1ENCY$O.1 ON FM DIAL Regular Meeting December 18, 1989 PAGE Oral Communications 62-423 Minutes of November 6 and November 13, 1989 62-423 Consent Calendar 62-424 1. Destruction of Designated Public Pecords 62-424 2. Contract with Security Pacific Bank for Banking Services 62-424 3. Rinconada Pool Improvements 62-424 4. Consultant Agreement with'Santina & Thompson, Inc. for Improvements to Palo Alto Harbor S. Contract with Summit Uniforms for Police Department Uniform Purchase and Tailoring 6. Contract with El Camino Cleaners for Police Department Uniform Cleaning Services 7. Temporary Employment Services S. Amendment No. 1 to Contract No. BC 5093 with Leo T. Sides for Extension of Travel Services 9. Lease Agreement with California State Lands Commission for Lands at the Landfill Site PALO ALTO CITY COMM MEETINGS W ALSO GELECACT OS MOONIEST MOM 16 62-424 62.424 62-424 62-424 62-424 62-424 62-420 12/18/89 1 ITZM PAG& 10. Endorsement of Palo Alto Historical Associa- tion Naming of Adobe Creek/Highway 101 Undercrossing 11. Resolution Declaring Weeds to be a Nuisance and Setting a Hearing; and Repealing Resolu- tion No. 6834 12. Ordinance to Delete Requirement that a Land- lord Give Tenant 60 Days Notice of Intent to Increase Rent 62-424 62-425 62-425 13. Policy and Procedures Committee Recommenda- tion re Citywide Stop Intersection System Map 62-425 Agenda Changes, Additions and Deletions 62-425 1.4. Finance and Public Works Committee Recom- mendation re Budget Guidelines 62-425 15. Golden Triangle Task Force Agreement 62-428 16. Traffic. Congestion Relief and Spending Limitation Action of 1990 (3CA I) 62-429 17. Child Care Master Plan 62-430 18. AAicus Brief in ItIU v. Supe°,o; court (1989) 213 Cal.App.3d 1219, 262 Cal.Rptr. 182 62-437 18A. June Fleming re Emergency Repairs to the Four Million Gallon Water Reservoir Behind Nixon School as a result of Earthquake Damage 62-437 19. Council Member Woolley re Centennial Committee Request for Funding and Support 62-438 20. Council Members Fletcher and Patitucci re Enforcement of High Occupancy Vehicle Lanes 62-446 21. Mayor Klein re Selection of Mayor Pro Tem 62-447 22. Mayor Klein re Cancellation of December 26, 1989 and January 2, 1990 City Council meetings PALO RMTC1 all COUNCIL OUTINGS ARE ALIO CULECASI ON COVERNNENT CANNEL 16 62-447 62-421 12/18/89 i ITEM WAGE 23. Leaving Office Remarks from Mayor Klein and Council Members Bechtel, Fletcher and Patitucci -- No Remarks Made 62-447 Adjournment at 11:05 p.m. 62-447 PALO ACM CITY COUNCIL NIETIVSS ANS ALSO CA$1 ECA$T ON COMMENT CHANNEL 16 62-422 12/18/89 Regular Meeting December 18, 1989 The City Council of the City of Palo Alto met on this date in the Council Chambers at 7:35 p.m. Mayor Klein announced the need for a World Rpm of Code Section 54956.9(a) to be held at the meeting. Closed Session to discuss Qur�es �Dy v. City Flo Alto pursuant to Government some point during or after PRESENT: Bechtel, Cobb, Klein, (arrived at 7:50 p.m.), ORAL compammos Ben Bailey, 305 Cotton Street, Menlo Park, spoke regarding Palo Alto Police Department complaints. Jim Dinkey, 3380 vehicle lanes. Fletcher, Levy, Patitucci Renzel, Sutorius, Woolley Cork Oak Way, spoke regarding high occupancy Dennis Rosenberg, 2901 Simkins Court, spoke regarding the Greer Park extension. Jim King, 2905 Simkins Court, spoke regarding the Greer Park extension. Leonard Levy, 2412 South Court, expressed appreciation to the liaisons to Palo Alto Community Child Care (PACCC) , Larry Klein in 1988, and Ellen Fletcher in 1989. Edmund Power, 2254 Dartmouth, spoke regarding correspondence in a previous packet and the Palo Alto Sea Scouts. Howard Smith, 720 La Para, electricity being turned off. answering the phone calls were spoke regarding a notice about He was concerned that the persons unaware of the situation. Bob Moss, 4C10 Orme, expressed appreciation to the outgoing City Council Members. VEM NOTIONI Council Member Renzel moved, seconded by Klein, approval of the Minutes of November 6, 1989, as submitted, and approval of the Minutes of November 13, 1989, as corrected. MOTION PkBSZ 9.0. 62-423 12/18/89 CONSENT CALENDAR NOTION: - Council. Member Cobb moved, seconded by Klein, approval of Consent Calendar Items 1-13. 1. Destruction of Designated Public Records (129-02) 2. Contract with Security Pacific Bank for Banking Services (407) (CHR:587:9) 3. Rinconada Pool Improvements (1324-03) (fit: 595: 9 ) Rejection of Bid Contract with Pool Scene, Inc. for New Filter System for Rinconada Pool; Change Orders not to exceed $10,000 4. Consultant Agreement with Santina & Thompson Inc. for Improvements to Palo Alto Harbor; Amendments not to exceed $38,000 (1440-02) (CMR:448:9) 5. Contract with Summit Uniforms for Police Department Uniform Purchase and Tailoring (1202) (CHR:588:9) 6. Contract witl'i El Camino Cleaners for Police Department Uniform Cleaning Services (1202) (CMR:589:9) 7. Temporary Employment Services (502) (CMR:585:9) Contract with Roberta Enterprises, Inc. for Temporary Employment Services Contract with Olsten Services for Temporary Employment Services Contract with Kelly Services for Temporary Employment Services 8. Amendment No. 1 to Contract No. BC 5093 with Leo T. Sides for Extension of Travel Services (501) (CMR:597:9) 9. Lease Agreement with California State Lands Commission for Lands at the Landfill Site (1072-01) (C1 R:594:9) 10. Endorsement of Palo Alto Historical Association Naming of Adobe Creek/Highway 101 Undercromsing, "Benjamin Lefkowitz Bicycle/Pedestrian Undercrossing" (1167-01) (CHR:398:9) 62.424 12/18/89 11. RESOLUTION 6842 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO DECLARING WEEDS TO BE A NUISANCE AND SETTING A HEARING; AND REPEALING RESOLUTION NO. 6834" (1250-01) (CMR:599:9) 12. ORDINANCE. 929 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 9.68.030(d) OF THE PALO ALTO MUNICIPAL CODE TO DELETE THE REQUIREMENT THAT THE LANDLORD GIVE THE TENANT 60 DAYS NOTICE THAT HZ INTENDS TO INCREASE THE RENT" (let Reading 12/04/89, PASSED 9-0) (250) (NPG) 13. The Policy and Procedures Committees recommends to the City Council that it adopt the resolution modifying the "Stop Intersection System. Map" to add stop signs on Waverley Street at Forest Avenue and on Birch Street at Sherman Avenue, and to remove the stop sign from I1ima Way at Laguna Avenue ;1064) (CMR: 507 : 9 ) RESOLUTION 6843 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE CITYWIDE STOP INTERSECTION SYSTEM MAP" MOTION PASSED 9-0 AGENDA CHANGES. ADDITIONS AND D$LETIONS MOTION: Council Meer Cobb moved, seconded by Sutorius, to add Item 18A regarding Emergency Repairs to Water Reservoir. KOTIOW PASSED 9-0. REPORT$ .OF COMMITTEES AND COMiIS$IONS 14. The Finance and Public Works Committee Recommendation re Budget Guidelines (280-06) (CMR:531:9) NOTION: Council Meter Cobb for the Finance and Public Works Committee coved approval of the following Budget Guidelines for 1990-92: 1. The City operating budget and Capital Improvement Program will be prepared on the basis of a two-year plan, with the first year being appropriated and the second year approved in concept. The CIP will continue to be prepared as a five-year plan with the first two years treated in the same manner as the operating budget. Changes to the second -year plan will be limited to priority changes, new mandates, health and safety needs, or significant changes in projected •xpnnditures or revenues. 62-425 12/18/89 2. The City has just completed a two-year staff reduction process which resulted in 40 regular positions being eliminated. The savings we have achieved must be permanent. Additions of ongoing services must be offset by ongoing revenues or ongoing expenditure reductions. Therefore, new positions would be considered only if: a. the City received a mandate for new/additional services from the State or Federal Government; b. health and safety concerns; c, new City priorities, as determined by City Council; d. cost/benefit analysis shows a net savings to the City; e. cost/revenue analysis shows a net gain to the City. 3. A minimal increase in City operating expenditures will be n.. le to adjust for inflation, to the extent that revenue forecasts show sufficient funding being available. 4. Maintain existing service commitments. 5. The budget shall emphasize the priorities which the City Council establishes at the beginning of the year. 6, The operating budget shall incorporate the results of the Cost Allocation/User Fee Study and fee recommendations, as reviewed and approved by the City Council. 7. New revenue sources and increases to existing revenue sources will continue to be aggressively investigated, keeping in mind the restrictions imposed by the City's Gann limit and Proposition 63. 8. The use of volunteers will continue to be encouraged to the fullest extent possible. 9. The budget will continue to reflect an effort to identify improvements through more efficient organization and use of City staff and resources. 10. The General Fund Capital Improvement Program should focus first on extant commitments and projects funded by the Utility Users Tax, and secondarily on any new City priorities. The close coordination concept between Council and staff would be incorporated and Council Member Sutorius was directed to work out the details with staff. 62-426 12/18/89 11. Capital Improvement Projects should be coordinated between City departments for maximum efficiency and cost savings. Council Member Fletcher clarified Recommendation 2(a) would not negate the possibility of hiring additional personnel if new programs might be required by regional agencies. Council Member Cobb said that was correct. Council Member Levy referred to the final sentence under Item 1 and believed it might be well to also include points (a) through (e) as were included under Item 2 under Item 1 for clarity. Council Member Patitucci referred to Recommendation 2(b), and believed "health and safety concerns" was a broad category. He queried whether the category could be more concise. City Manager Bill Zaner said the "health and safety" clause was intentionally broad, and if there were strong health and/or safety reasons for recommending additions to the Council, then staff did so. Council had the option of not authorizing the additions. Council Member Patitucci asked for clarification of Recommendation No. 10. Council Member Sutorius clarified Recommendation No. 10 meant paying for and pursuing the projects to which the City was already committed. Council Member Cobb agreed. The purpose of the item was to caution against going out and looking for new things to spend money on. AILUIDIEENT: Council Member Cobb moved, seconded by Renzsl, to amend the Recommendation 2(a) as follows: "the City received a mandate for new/additional services from higher levels of government." AMEMTIMUT Paean 9-•0. Council Member Levy queried whether it might be more appropriate to change taa fi_nel sentence in Item 1 to read: "Changes to the second --year plan will be limited as follows:" and then to include the points (a) through (e) there rather than in Item 2. Council Member Cobb was concerned about the last part of Item 1 which related to significant changes in projected expenditures or revenues, and queried where it would be included. council Member Levy believed the language was covered by Recommen- dations 2(d) and 2(e). 62-427 12/18/89 Council Member Cobb disagreed. He believed points (d) through (e) referred to a significant change in projected expenditures and revenues but had nothing to do with cost benefit analysis. Mr. Zaner said that was correct. Mayor Klein referred to Recommendation No. 10 and said no projects were funded by the utility user's tax. City Attorney Diane Northway said that was correct. She cautioned against referring to the utility user's tax as if it was earmarked for certain things. AMEND)tE T: Mayor Klein moved, seconded by Renzel, to amend Recommendation No. 10 to delete "and projects funded by the utility users tax." A 6NDMENT PASSED 8-1, Levy voting "no." AMENDMENT: Council Member Levy moved to amend Item 1 to parallel with points (a) through (e) in Recommendation 2 with the following changes: point (d) would read: "cost benefit analysis shows a significant change from original projections," and point (e) would read "cost revents: analysis shows a significant change from original projections." AMENDMENT DIED FOR LACK OF A SECOND MOTION AS AMENDED PASSED 9-0. REPORTS or 4uIA 15. Golden Triangle Task Force Agreement (1045-01) (CMR:590:9) Council Member Cobb understood if SCA 1 passed, the Golden Triangle was apt to go out of existence and be replaced by the Congestion Management Agency. He queried the effects of the proposed extension of the Golden Triangle Implementation Agreement. Mayor Klein said if SCA 1 passed and the result was the Santa Clara County Congestion Management Agency, the Golden Triangle would go out of business, and the unexpended budget funds would be returned to the five cities in the County in proportion to the amounts contributed.• 62.428 12/18/89 MOTION: Mayor Klein moved, seconded by Cobb, to approve and authorize the Mayor to execute the Golden Triangle Implementation Extension Agreement. City of Milpitas, City of Palo Alto, City of San Jose, City of Sunnyvale, City of Mountain View, and County of Santa Clara Extension of Golden Triangle Implementation Agreement MOTION PASSED 9-0. 16. Traffic Congestion Relief and Spending Limitation Action of 1990 (SCA I) (1060) (CMR:531:9) Mayor Klein commended staff on the report (CMR:591:9), and said SCA 1 was a difficult and complicated piece of legislation. Council Member Renzel queried whether staff had some sense of how the City's Gann limitation would be affected. Assistant City Manager June Fleming said it appeared the impact on Palo Alto's Gann limitation would be minimal. MOTION: Mayor Klein moved, seconded by Patitucci, to approve the staff recommendation as follows: a) Endorse the Traffic Congestion Relief and Spending Limitation Act of 1990 (SCA 1) : b) Endorse the Passenger Rail and Clean Air Bond Act of 1990 (Costa rail bond, AS 9'73) ; and c) Direct staff to prepare a letter to Governor George Deukmejian from the Mayor endorsing both acts. Council Member Sutorius asked about the Congestion Management Plan and its relationship. Mayor Klein said if SCA 1 passed, the Katz bill, which was a part of SCA 1, required each urban county to establish a Congestion Management Plan. If the City did not have a Congestion Management Plan in accordance with the County Congestion Management Plan, it would lose a lot of money. Palo Alto's share of the money over ten years would be $4,000,000; Santa Clara's would be $6.5 million. He believed the Congestion Management Plan was a step forward to try and accomplish congestion relief and to reduce the amount of automobile pollutants in order to comply with the Clean Air Act in a way other than lust building freeways. State law required each County to create a Congestion Management Agency, which could be an existing or new agency. The vote had to be by the Board of Supervisors plus a :majority of the cities with the majority of the 62-429 12/18/89 1 1 population. Ili Santa Clara County, it translated to the Board of Supervisors, the City of San Jose, plus seven other cities. MOTION PASSED 9-0. 17. Child Care Master Plan (1035) (CMR:593:9) Assistant City Manager June Flexing introduced Child Care Coordinator David Martin. She referred to page three of the staff report (CMR:593:9) and said the last line of .paragraph 1 should end following the word "project." The words "funded with Utility Tax proceeds" should be stricken. She clarified the Citywide Child Care Coordination role would technically be funded by the General Fund. Child Care Task Force Chairperson Rachel Samoff said child care was presently provided by a variety of people and agencies, and it was important to set a course for its growth to meet the needs of the community. The goal of the Child Care Master Plan was to make quality child care available, affordable and accessible to all infants, toddlers, preschoolers, school age, handicapped and recuperating children whose parents lived and/or worked in Palo Alto. The master plan viewed a model child care system as one in which parents had maximum choices in terms of location, hours, fees and type of program. Coordinated child care growth would require communication and coordination with the various providers and parents. While substantial progress had been made in the past two years towards expanding the supply of child care, there were still problems in terms of quality staff members. The Master Plan headed in directions to solve problems of how to preserve the quality as well as the quantity of child care in Palo Alto. Mayor Klein said one of the five-year goals for accessible child care was "all licensed centers in Palo Alto that maintained approved standards were eligible for government funding including City of Palo Alto subsidies." He queried how that would work if the City had no more coney available. Child Cara Task Force Vice Chairperson Lisa Stelck said the intent was to provide parents with maximum choices. Previously, parents who received City of Palo Alto subsidies could use them at Palo Alto Community Child Care (PACCC) centers. The Task Force believed if the City was to offer maximum choices, parents should be able to use the funds at other centers. Mayor Klein said if no additional funds were available from the City and *ore subsidy dollars went to private providers and less went to PACCC, he would be concerned about the impacts and queried whether the impact on PACCC was analysed. 62-430 12/18/89 PACCC Executive Director Michael Sullivan said there was a strong possibility for additional funding to be received from the federal government should HR3 ABC pass, and the new jobs bill which started January 1, 1990, which promised child care for all welfare recipients in job training. Funding would eventually be available from various government sources and should more funding be available, it should be utilized by a wide variety of programs. Presently, the City of Palo Alto made subsidy money available for low income residents and provided. PACCC with funds both to administer and develop child care. He believed the recommendation of the Task Force was to continue to look at standards and hopefully be in a position to make subsidy funds available to additional providers in Palo Alto. With proper standards in place, he had no problem with such a recommendation. Currently, PACCC had 15 centers and was affiliated with five other centers, which repre- sented about one --half the centers in Palo Alto. The important issue was that the Task Force and PACCC needed to continue to work toward setting standards. Mayor Klein queried what would happen if additional funds were not available. Mr. Martin said there would be an attempt to raise funds to help solve the affordability factor. He foresaw more funding from the federal government. Ms. Stelck said the Child Care Master Plan was organized so that each area set forth one-year and five-year goals to be reviewed and revised annually if necessary. She commended David Martin for his work as City Child Care Coordinator and believed the position was essential to the continued momentua of child care in the community. She echoed the accomplishments and goals as stated in the staff report (CMR:593:9), and urged Council to adopt the staff recommen- dations. Helen Baumann, President, Palo Alto Community Child Care (PACCC) Board of Directors, 151 Coleridge Avenue, zomxnended the Child Care Master Plan, the goals of which PACCC was committed to supporting. ©ne goal of the plan was to create 400 spaces for after school child care, and 90 spaces were created in the on -sits, after school child care program in three elesentary schools largely due to the efforts of Council Members Cobb and Sutorius in negotiating the agroesent with the Palo Alto Unified School District (PAUSD). Sh# urged approval of the Master Plan. Council Member Cobb clarified Recommendation No. 4 in the staff report (CMR:5939) should refer to the "City/School lease" not the "Cubberley Project." Ms. Fleming said that was correct. 62-431 12/18/89 0 Council Member Cobb commended Council Member Fletcher for bringing the issue of child care to the Council and the Human Relations Commission (HRC) for its efforts. Council Member Fletcher referred to Appendix D of the Child Care Master Plan, regarding accessibility and the goal to increase company -provided child care options for employees by ten small - size Palo Alto employers. She queried why small -size employers were singled out. Ms. Samof f believed the Master Plan targeted all the different sized companies. Some things could be done by every size compare?, and in terms of employer -supported child care, one tended to think about on -site child care centers which only the very large companies could consider. Theru were other options and many companies were companies starting up Dependent Care Assistance Programs (DCAP) which allowed parents to pay for child care with pretax dollars. She believed there were over 20 companies in Palo Alto with DCAP programs whereas two or three years ago there might have been one or two. Council Member Fletcher said the City of Palo Alto also provided such a benefit to its employees. Council Member Sutorius queried whether the goals stated in the Master Plan for 1989-90 were reasonable for the six months remaining. Ms. Samoff believed the goals in terms of employers assisting their employees with paying for child care were accomplished. The proposed needs assessment would reveal how many employers in Palo Alto were offering their employees assistance in paying for child care through DCAP programs. In terms of fund raising, several efforts were made, including the recruitment of David Martin, who had extensive and successful experience in fund raising. The Task Force decided to set Challenging goals and many were achieved. Most of the goals uere a stretch and without David Martin's energy it would be difficult to achieve them. MOTION:. Council Member Fletcher moved, seconded by Cobb, to approvethe staff recommendation as follows: 1. Accept the Child Care Master Plan and endoreaee the efforts of the Child Care Task Force in working toward the accomplishment of the first year of the one-year goals. 2. Direct staff to report on the findings of the three needs assessments (provider, employee and employer) , when completed by the Child Care Coordinator. 62-432 12/18/89 3. Direct staff to analyze various child care funding mechanisms based on the needs assessment report. 4. Support the inclusion of the Child Care Coordinator staff position in conjunction with consideration of the Cubberiey Master Plan. Council Member Fletcher commended the work of the Task Force. The goals and associated challenges were enormous and the demonstrated energy and commitment would lend itself towards accomplishing the stated goals. She appreciated that the Master Plan was on the agenda for her last City Council meeting so she could have the satisfaction of seeing Council action. Council Member Woolley queried when the needs assessment would be completed, and when fund raising would begin. Mr. Martin said a report to Coun:'il on the completed needs assessment was contemplated for the end of March 1990. Considera- tion of the costs of the project and fund raising would be reviewed after completion of the needs assessment. Council Member Woolley queried whether it was reasonable to expect the Child Care Coordinator position to handle the leasing of the up to 11 school sites, coordinatin+ all of the programs, working with the parent groups, school district personnel, and the pro- viders, and taking on the Citywide coordination role, or whether Council would receive a request for an additional person in six months of a year. Director of social and Community Services Paul Thiltgen said there was no question in terms of the initial effort that would be required. Once the 11 sites were in place, the hope was that schools would get the operators, and some of the work would diminish thereby leaving more time for the other areas. Seven of the sites were already in place, and while there was ongoing. monitoring requirements, it was at a much lower level than original setup. Once the position ways established, its primary priority would be to continue to proceed with working on the goals of the Master Plan. The Child Care Task Force would still be around to assist wherever possible. While it would not be easy, staff would work with existing resources. Council Member Woolley referred to the $14,000 balance controlled by PACCC, and queried whether the money was available to hire temporary staff in order to get on with the fund raising aspect. 62-433 12/18/89 Mr. Martin said the $14,000 was initially put aside for the needs assessment, and since it did not look as if the money would be required for the needs assessment, the money could be used in any number of ways in relation to the Child Care Master Plan, By April 1990, there should be four more providers. By the tie the focus was turned toward fund raising, a good portion of the work regarding the PAUSD programs would be accomplished. Council Member Woolley preferred to'ses the $14,000 used up front. She queried how the mitigation fee study would differ from Attachment C to the staff report ( :593:9) which she believed was a thorough report on the various alternatives for new funding sources. Mr. Thiltgen said Attachment C basically reflected the different approaches to funding once the needs assessment was completed. Ms. Northway believed the mitigation fee study would be similar to what was done to develop the traffic mitigation fee. It would require an analysis of the generators of child care since there would need to be a nex'in between the fee imposed and the utiliza- tion of child care by the particular employer or developer. Council Member Woolley was concerned about the amount of staff time involved. Ms. Northway .said state legislation addressed the imposition of fees such as a child care mitigation fee and required a certain leve3 of analysis in order to impose any fee. As part of the regulations, the City was required to establish a nexus and it was also required to periodically re-establish the nexus. Council Member Levy commended the work of the Child Care Task Force. The number of child care slots added in the community was impressive. He queried whether any budget amendments would be required in fiscal year 1989-90. Mr. Thiltgen said there was a budget amendment for the child Care Coordinator position in the amount of approxiw 'cely $26,000. Council Member Levy queried whether part of the amount would be offset by the funds remaining. Mr. Thiltgen said no. Council Member Levy queried whether any portion of the income from the school site centers would go to offset the coordinator position. 62-434 12/18/89 Ms. Fleming said those figures would return to Council with the report on the final recommendations in terms of how to implement the Czbbsrley lease in the first part of January 1990. Council Member Levy was interested in the policy and whether the intent was to charge a fee to cover a certain level of expense on the part of the City or how the fees would be established. Mr. Thiltgen said the plan was to continue to charge the same consistent rental fee for each site, which represented about $300 per month. Council Member Levy clarified it was presently unknown whether the City would have an income or an outflow or whether part of the coordinator's salary could be offset from some of the charges. Ms. Northway did not believe the City paid utilities but that they were passed through to the child care providers. The intent was for the providers to pay the same amount under the proposed sublease as they presently paid to the school district. The agreements only ran through the end of the City's fiscal year, and since it was the middle of a school year, it seemed more appro- priate to continue on the name basis originally negotiated. Council. Member Menzel referred to page 10 of the Master Plan, Item 4 of the one-year plan, that moneys from the utility tax be used to lease space from the PAUSD at each elementary school for before and after school child care, and rent charged to providers for leased space be earmarked for child care services in the City of Palo Alto. She queried whether the City was committed to achieving the goals and accomplishing the actions expressed in the Child Care Master Plan by approving the document that evening. Ms. Northway said Council needed '-.5;1 clarify its intent. Council Member Renzel said if Council accepted the report and it was PACCC's responsibility to achieve the expressions in the Master Plan, she had no problem. She would be concerned if the City was committing to earmark rents charged for child caret services without knowing its own financial framework. Ms. Fleeing said staff was requesting that Council endorse the Master Plan but the expressed goals did not represent a commitment on the part of the City of absolute implementation of everything. The goals represented a direction, but staff would take no positive steps, such as earmarking rents, without first returning to Council. Since the exchange between the City and the PAUSD was to take place midyear, to make it convenient for parents and partici- pants, staff set up .an interim process whereby the City was committed to the few structure already in place. Staff's goal was 62-435 12/18/89 to look at the fee structure at the end of the year and return to Council with a package in terms of how the fees would be used and what the structure would be. Mayor Klein believed Council Member Renzel#s point was well taken. AMENDMENT: Mayor Klein moved, seconded by Renzel, to amend Recommendation No. 1 to add after "Child Care Master Plan" the following wording "in principle (not in detail)." Council Member Patitucci agreed with Council Member Renzel. He interpreted the document as being a statement of overarching goals with a statement of desirable objectives. He was concerned about the word "plan" because a "plan" without a budget and without the means of implementation was not really a plan. He supported the amendment. AMENDMENT PASSED 9-0. Council Member Woolley was concerned that passage of Recommendation No. 4 in the motion meant the City would somehow fund the Child Care Coordinator position. AMENDMENT: Council Member Woolley moved, seconded by Patitucci, to delete Recommendation No. 4 regarding support for the inclusion of the Child Cara Coordinator position to be considered with the funding ..nd budget amendment. Council Member Fletcher referred wording of Recommendation No. 4, Council would "support," not that amendment. to the rhetorical nature of the and that it simply recommended it would happen. She opposed the Council Kerber Levy believed by accepting the Child Care Master Plan in principle, Council also accepted the Child Care Coordinator position in Principle, and did not need to go any further. Council Member 4utorius clarified staff was returning in January with the Cubberley project, and he -interpreted Recommendation No. 4 to be advance notice that the Child Care Coordinator staff position would be along those items presented at that time. MA. Fleming said that was correct. Council Member Sutorius opposed the amendment. He preferred to see the whole package associated with the project in January. Vice Mayor Bechtel understood the concerns of Council Members Woolley and Patitucci in terms of not committing funding, but agreed with Council Member Sutcrius, desire to sae the entire - 62 -436 12/18/89 package. Shs would oppose the amendment but would support a change in the word "support" to "consider." Mayor Klein opposed the amendment. He believed the Council was not making any additional financial commitments by its support of the recommendation. AMENDMENT PAILED 3-6, Levy, Patitucci, Woolley voting "aye." Council Member Levy hoped Council did not get the Child Care Coordinator position and the Cubberley Master Plan connected where they were not. Child care at the school sites was one part of a comprehensive child care policy being developed. MOTION As AMENDED PASSED 9-0. RECESS TO CLOSED ,SESSION: 9L22 to 9:50 p.m. 16. Amicus Brief in j4XU y. SUpprior Court (1989) 213 Ca1.App.3d 1219, 262 Ca1.Rptr. 182 (720) Council Member Levy queried the costs related to filing the proposed amicus brief. City Attorney Diane Northway said there was no cost. MO?ION# Council Member Woolley moved, seconded by Levy, to authorize adding the City of Palo Alto to the amicus brief being filed in AIU v. uoeri r Csaurt. MOTION PASSED 7-0, Sutorius, Bechtel absent. 16A. June Fleming re Emergency Repairs to the four million gallon Water Reservoir behind Nixon School which incurred damage after the earthquake. The costs are approximately $100,000. Assista,-it City Manager Dune Flexing reported the City of Palo Alto four million gallon balancing water reservoir on Stanford Avenue adjacent to Nixon School sustained a substantial drop in water level shortly after the October 17, 1989, earthquake. Upon investigation, Utilities staff determined the problems to be related to inflow and outflow pipes in the reservoir's concrete lining. The problems were discovered after the packet and the agenda, and it was noossary to move immediately to make repairs. Staff acted under the City Manager's emergency authority to begin to make the repairs, The Palo Alto Unified School District Principal at Mixon School was not: fied that there was no immediate r, but the repairs needed to be made immediately in order to danger, the reservoir. The costs of the work were estimated in the 62-437 12/18/69 e range of $100,000. Staff would include a complete report on the matter in the next Council packet. Council Member Sutorius clarified the federal Emergency Management Association (TEMAA) would be given notice of the damage. Ms. Fleming said that was correct. No action taken CQU 4 IL BATTERS 19. Council Member Woolley re Centennial Committee Request for Funding and Support (1307-02) Council Member Woolley clarified Council appointed a Centennial Steering Committee which was now called "Palo Alto Centennial 1994 Board of Directors" and a Centennial Committee, which was now called the "Celebration Committee." She referred to page three of the attachment to her report, and said (1) was intended to read "Review and Approval of necessary legal documents by the City Attorney." In numbers (2) and (3) the words "ex -officio" were used. The City Attorney opined that if the words "ex -officio" were used, the Committee would be required to operate under the Brown Act, The Committee was only interested in having a liaison to serve both from the staff and the Council, and suggested deleting the words "an ex -officio member and" in number (2); and in number (3) to delete the words "an ex -officio member of" and add the words, "a liaison with" after the word "as." The requests were only for six months since the Board believed that was as far out as they could project. TIOW: Council Member Woolley moved, seconded by Levy, to approve the recommendations of the Palo Alto Centennial 1994 Board of Directors as follows: 1) Review and approval of necessary legal documents by the City Attorney; 2) A member of the City Council to act as a liaison with the Board; 3) A member of '-we City staff to act as a liaison with the Board; 4) Periodic use of City facilities for meetings and events; use of the City Print Shop on a case -by -case basis; use of the City postage meter for mass as it ings . 5) Access to City of Palo Alto event insurance policy (each event will pay for its own insurance); and 62-438 12/18/89 6) Financial Support. For the first six months of 1990 the Board requests a nonrefundable grant from the City of $9,100. Palo Alto Centennial 1994 Board of Directors Chairperson Barbara Foster encouraged participation by everyone. She introduced Board Members, Doug Graham, Virginia Johnson, and William Waters and City staff liaison Anne Cribba. Council in Item of 1990 raising taking. support Member Sutorius clarified the financial support identified (6) was for a nonrefundable grant for the first six months of $9,100, and the mission statement referred to fund and having the celebration be a self-supporting under- He queried whether there would be a request for financial for the 1990-91 budget year. Chairperson Foster said the Board was not that far along. The first order of business was to launch the logo contest, and,once the logo was adopted, letters could be sent as part of a fund raising campaign._, Council Member Sutorius queried if the postage included in the six- month budget under telephone, photocopying, and postage was separated from Recommendation No. 4 referencing the use of the City postage meter for mass mailings. Ms. Foster said the inclusion was for mailings other than mass mailings which would use the City postage meter. She wanted the logo to be excellent so the entire Bay Area learned about the Palo Alto Centennial Celebration and participated in the contests, and the Centennial Committee obtU.ined a good supply of candidates from the art community. Classy mailings attracted classy entries. Council Member Renzel queried if the use of the postage meter 'or mass mailings had a cap figure on how much could be used. One mass mailing to the entire City would cost around $2,000. Chairperson Foster said a mass mailing would not be used until at least two years before the Centennial. Every household should be contacted at least once or twice. She did not know if one or two mass mailings would be enough. Council Member Renzel was concerned about the City,s expense in a large number of mass mailings and believed some framework or limit was necessary. Superintendent of Recreation Anne Cribbs said mailings would be limited during the next six months. As the scope of the activities increased, "tailings would need to be within the confines of the Centennial tJmmittee. 62-439 12/18/89 1 Council Member Levy queried if the use of the Cities postage meter fell within the $800 figure.., Chairperson Foster said no. The postage meter would be for bulk mailing. Council Member Levy queried since the Council was approving the budget for the next six months, was the Committee planning a bulk mailing to the entire City during the period and if so, how large a bulk mailing. Ms. Foster said bulk mailings would be to the City or to the zip codes in the entire Palo Alto surrounding area, but the amount in the budget did not have anything to do with the City's postage mater. Doug Graham, 984 Ilima Way, said the group had many exciting ideas and were ready to begin implementation in January 1990. He thanked the outgoing Council Members for past support. Bob Moss, 4010 Orme, said the Barron Park Association just went through incorporation and application for tax-exempt status, and a significant amount of legal assistance was required. The proposed budget understated the costs for incorporating and requesting tax-exempt status; the State fees were $625, some of which was refundable, plus a $300 non-refundable application fee to the Internal Revenue Service (IRS) . In addition, an $800 annual franchise tax, payable four months after the date of incorporation, might be refunded if tax-exempt status was achieved; but for the first six to twelve months, $1,700 would be needed for tax-exempt incorporation status, or $1,400 more than budgeted. The tax- exempt status process took a long time to complete. AMBwMMINTz Council Member Patitucci moved, seconded by Renzel, that the $9,100 referred to in Recommendation No. 6 be considered a loan rather than a grant. Council Member Patitucci believed the Committee deserved and would receive funding by the Council once the plans were presented. He was concerned about the out -of -cycle budgeting process. He believed the funds should be advanced as a loan to the Committee, repayable as the proceeds came in from the activities. His last vote as Council Member would be a vote against interim budget amendments which were not emergencies. The centennial program should be dealt with in the budget process. Both Ms. Cribbs and Mr. Thiltgen had demonstrated ways to raise funds other than at the City's taxpayers expense, and the activities should generate enough money to pay for the expanses. The loan would get the Committee into the regular budget cycle. 62-440 12/18/89 Council Member Levy appreciated Council Member Patitucci's strict adherence to the budget process; however, since the small amount fell under the City Manager's discretionary limit, trying to figure out how to loan it, repayment schedule, etc. would be cumbersome. He was concerned with budget amendments attached to many items that came to Council. Whenever Council approved a concept, the use of City funds was inevitable. Many positive effects for the City would come from the centennial celebration, but Council needed to recognize that when it approved something, it needed to foresee budgetary needs and not continually approve something one-step- at -a -time without recognizing related costs. AKSMDME1T FAILED 2-7, Patitucci, Sutorius, "aye." Mayor Klein was concerned about the concept of the Committee's direction. Twenty-five years ago the organization was a City Adhoc Committee, under regular City. procedures. He believed a written contractual procedure would promote independence and respon- sibility. The current model was fraught with problems; the use of the postage meter was contrary to City policy. Staff should work out a regular contract as a model to follow with the Committee e d develop goals in general terms. The proposed bylaws stated the corporation had been established by private citizens; that was tl,e model of a private contracting agency like Senior Coordinating Council (SCC) , the Palo Alto Housing Corporation RAMC), and the Palo Alto Child Care Agency (DACCA.). Legally, the Committee would be viewed as a City agency. SUBSTITUTE )IIOT/Olis Mayor Klein moved, seconded by Menzel, to refer the item to direct staff to work out arrangements ;pith Palo Alto Centennial 1994, Inc., wherein that organization will be a contracting agency with the City, and the City, in principle, agrees to fund the organization for $9,100 for the period January 1, 1990 to June 30, 1990, pursuant to the City's usual contracting principles and standards. Council Member Renzel queried if staff had to return on January 8, 1990 with a contract from January 8, 1990 to June 30, 1990, since the first meeting would not occur until January 8, 1990. City Attorney Diane Northway said no, the contract could be retroactive. The question was when the Committee could receive funds because an agreement had to be signed before funds became available. Agreement models were available, so she did not anticipate prob:eme with they process. 62-441 12/18/89 Council Member Renzel said the group would need to establish by- laws to qualify for non-profit fund raising activities, and queried if Council was asking staff to review the bylaws and clarify the City's responsibility. Ms. Northway said the issue was a policy question. If Council treated the Committee as a separate corporation, and did not appoint the Board of Directors, the Committee needed clarification of the relationship and guidance regarding procedures. Council Member Fletcher queried if the item should go to the Policy and Procedures (P&P) Committee or directly to Council. Mayor Klein believed the item should go directly to Council. He wanted the process to move quickly. Council Member Woolley was confused. When they met with the City Manager, she thought Mayor Klein's concern was that Council needed to provide an insurance policy or built-in mechanism so the group would not be separated too far from the Council. The Centennial Committee tried to leave control with Council rather than have total independence, although the advanced planning committee proposed a contract similar to what was Mayor Klein proposed. Mayor Klein said the centennial celebration was a concern of his, but if the organization failed, the City Council could change direction. No one had a monopoly; another group could come up with planned activities as well. His concern was lines of responsibility and who was doing what. The first decision was whether the organization would be independent or a City organiza- tion; if the organization was a City -sponsored, the rules and guidelines were clear. He understood the group wanted to be independent from the Council and was willing to see how that worked. Council Member Woolley said the Committee had been struggling all along, and if clear direction had been given from the beginning, the rev -cans would be a lot cleaner. Mayor Klein said the price of being totally independent was that there was no call on the City's resources; if the Council ap- propriate . funds to support the committee, no free postage or other City services would be included. Budgets would need to be adhered to, and accounted for. Council Member Patitucci queried if Mayor Klein's motion replaced the six items on the table. Mayor Klein said yes, it was a referral item. 62-442 12/18/89 Council Member Patitucci requested the items be separated for voting purposes for the financial support. He was comfortable with the idea of having a more contractual relationship, and .to possibly appropriate more money so the- use of City facilities would not be needed. Independent contracting agencies, funded by the City, would be a good model for the Centennial Committee/Council relationship. Mayor Klein suggested that instead of a dollar amount the motion read "the dollar amount to be negotiated by the City and the organization with staff recommending the appropriate amount." Vice Mayor Bechtel opposed the referral. Citizens were asked to be involved in the centennial celebration which Council wanted to have happen in 1994 end a tremendous amount of work was required to get it organized. It was not the Senior Coordinating Council (SCC) with ten paid staff people or the Palo Alto Housing Corporation (PAHC) with several staff people and an ongoing mission. The project was a one-time large one, more similar to a committee like Neighbors Abroad with a City Council and staff liaison who were provided with postage. She did not like the idea of a contractual organization. Assistant City Manager June Fleeing said several models were looked at for how Council supported Neighbors Abroad; one was through a budget, one was through designating some services- which the City would provide, but not a budget. In negotiations, it was agreed the City would give Neighbors Abroad access to mailings to members, and not include it as a budget item. Vice Mayor Bechtel said free space was also given to Neighbors Abroad and other organizations. Council Member Sutorius supported the organizational model suggested by Vice Mayor Bechtel. The centennial event had the same characteristics as Neighbors Abroad because a function was being performed. He understood the business sense of Mayor Klein's referral but did not have a contractual model with the charac.'- terized citizen involvement, enthusiasm, and commitment associated with the event, so he could- not support the motion. The contract could solve some problems, but would not accommodate the needs of the relationship. Council Mather Levy supported approving the $9,100 for the next sic months, was comfortable with the detailed budget, wanted the Committee to go forth in the development of the logo, and believe the forward momentum should be kept. He was not comfortable in using the postage meter fog mass mailings, and was concerned the other items mentioned by Mayor Klein were Valid and worthy of discussion to understand relationships between the Council and 62-443 12/18/89 others working on the centennial celebration. He preferred to divide the motion and vote on the $9,100 nonrefundable grant, but refer the remainder of the motion to staff, and then to the P&P Committee. Mayor Klein did not support awarding. a $9,140 nonrefundable grant to the 'Centennial Committee becausehe favored a contractual arrangement with an amount to be determined by negotiations between staff and the organization. He queried if Council could award grants without staff input or a staff report. Staff was respon- sible for analyzing the budgeted figures, and Council should not depart from established procedures just because the project was a favorable one. Council Member Woolley had expected a contract when the process began but as the meetings progressed, needs were difficult to analyze. She was concerned that if the item were referred to staff to develop a contract, the parameters of the celebration would suffer. She did not know how a contract could be made with a group of volunteers. Mayor Klein believed contracts with volunteer organizations had been developed in the past. Council Member Woolley believed the amount of money would need to be much larger because staff would need to be hired before fund raising could begin. Mayor Klein said the process worked before and that the amount was just seed money, but gave an indication of how much financial support the group could count on from the City. Council Member Fletcher was uneasy about setting a contract until tasks became clear and needs assessed, so a contractual arrangement now was not appropriate, and queried if the history with the contractual organizations was strictly volunteers because she believed Diana Steeples was n City employee with the SCC before it became a contractual agency. Ms. Fleming said Ms. hired by the SCC. Mayor Klein said the being discussed. Steeples was a City employee before being contract was only for the six-month period Council Member Woolley queried whether all sic items could be considered as a six-month contract and have the postage meter item deleted. Simultaneously, the entire issue could be referred to the P&P Cocittee to determine the final organizational structure. Planning for the events needed to begin and Council should show its 62-444 12/18/89 support and let the final organizational structure be considered by the P&P Committee and staff. Ms. Northway said no contract existed. The situation was less formal. Even when the City received federal grants, there were agreements in terms of who would do what. SUBSTITUTION MOTION FAILED 3-6, Klein, Patitucci, Renzel "aye." AMENDMENT: Council Member Bechtel moved, seconded by Woolley, to amend Recommendation No. 4 to delete the use -of the City postage meter for mass mailings. ANDMZNT /NCORPORATED INTO MAIN NOTION Council Member Fletcher understood the mass mailing referenced mailings to fund raisers. Ms. Fleming clarified Recommendation No. 4 and the use of the City print shop on a case -by -case basis and queried whether staff would look at each request for printing or whether the City would do the printing. She also referred to the $9,100 and queried whether Council interpreted it to give the Committee some latitude in terms of how they used it. Ms. Northway clarified there was nothing to bind the Committee an how it spent a $9,100 check from the City. While she was sure the budget was presented in good faith, there was nothing to enforce it. Council Member Cobb believed it was important to provide the $9,100 grant in order for the organization to get going. He liked the idea of referring the matter to the P&P Committee to sort out of the issues. He did not expect the Committee to spend the money to the penny as it was listed but he imagined it would be spent dili- gently. AKIND IT: Council Member Cobb moved, seconded by Klein, to add Recommendation No. 7 to refer Recommendations 1-5 to the Policy and Procedures Committee for further consideration and that Recommenda- tions 1-5 are effective only for the six-month period ending June 30, 1990. AMINDMINT INOORPORATID INTO MAIN MOTION Mayor Klein was concerned about the process not including staff input and proper analysis. He opposed the motion as being a bad precedent. Contracts were not difficult and hundreds went through the City each year. 62-445 12/18/89 AMENDMENT: Council Member Patitucci moved to delete Recommendation No. 6. AMENDMENT DIED FOR LACE OF A SECOND MOTION PASSED 7-2, Klein, Patitucci "no." 20. Council Members Fletcher and Patitucci re Enforcement of High Occupancy Vehicle Lanes (1060) MOTION: Council Member Patitucci moved, seconded by Fletcher, to adopt the resolution urging the California Highway Patrol (CHP) to strictly enforce the proper use of the high occupancy vehicle (HOV) lanes on Highway 101. A copy should also be sent to our State legislators, Senator Morgan and Assemblyman Sher, with a request to look at legislative remedies which would assist/encourage the CHP in increased enforcement efforts. Give consideration to other jurisdictions and agencies within Santa Clara County (SCC) whose cooperation we should enlist in this effort. Request that the SCC Boad of Supervisors substantially increase the fine for violations in HOV lanes. RESOLUTION 6844 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO URGING ENFORCEMENT OF HIGH OCCUPANCY VEHICLE LANES" Council Member Fletcher said having strict enforcement of the HOV lanes was important. A contributor to the high violation rate might be the amount of the fine and her attempts to ascertain the amount from the courts had been unsuccessful. The light rail system in the County worked on the honor system. People bought their tickets, there were no conductors, but there were periodic checks. The fine for not having the proper rail ticket was $150. She was told by a bicyclist who was given a ticket for riding a bicycle or the expressway that the fines was $200. The fine for violating the HOV lane was only $40. If the fine was raised to something like $200, people would think twice before violating the law. AMENDMENT! Council Member Fletcher moved to ask the Board of Supervisors to substantially increase the fine for violations of the HOV lanes. AMENDMENT INCORPORATED INTO MAIN NOTION MOTION PASSED 9-0. 62-446 12/18/89 21. Mayor Klein re Selection of Mayor Pro Tem (701) (NPG) Mayor Klein said the term of Office for the Mayor and Vice Mayor both expired on December 31, 1990, and the first Council meeting would be on January 8, 1990. On advice from the City Attorney, it was appropriate for the Mayor to select the Mayor Pro Tem. MOTION; Council Member Cobb moved, seconded by Patitucci, that the Mayor appoint Council Member Sutorius as Mayor Pro Tem for the period January 1, 1990 through January 8, 1990. MOTION PASSED 9-0. 22. Mayor Klein re Cancellation of December 26, 1989, and January 2, 1990, City Council Meetings (701) (NPG) MOTION: Mayor Klein moved, seconded by Bechtel, to cancel the City Council Meetings of December 26, 1989, and January 2, 1990. MOTION PARSED 9-0. 23. Leaving Office Remarks from. Mayor Klein and Council Members Bechtel, Fletcher and Patitucci (701) (NPG) No Remarks Made Ali aLEHMEHT: 11:05 p.m. ATTEST: APPROVED: Mayor NOTE: Sense minutes (synopsis) are prepared in accordance with Palo Alto Municipal Code Section 2.04.200(b). The City Council meeting tapes are retained in the City Clerk's Office for two years t Am the date of the meeting, and the Finance and Public Works Committee and Policy and Procedures Committee meeting tapes are retained for six months. Members of the public may listen to the tapes during regular office hours. 62-447 12/18/89