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HomeMy WebLinkAbout1987-06-22 City Council Summary MinutesCITY COUNCIL MINUTES PALOALIOCETYCOUNCELMEETENGSARE BROADCAST LIVE VEAKZ_SU-Fi EOUENCY90.I ON FM HEAL Regular Meeting June 22, 1987 ITEM Oral Communications Minutes of May 26, 1987 1. Appointment of Mid -Peninsula Corporation Directors Consent Calendar 2. Ratification of Use of Pistol Range in FY 1986-87 - City of Santa Clara 3. Final Subdivision Map - 440 San Antonio Road 4. PUBLIC HEARING: Finance and Public Works Committee Recommendation re Fiscal Year 1987-88 Budget with Amendments Recess PAGE 57-382 57-382 57-382 57-385 57-385 57-385 57-385 57-403 5. Finance and Putilic Works Committee Recom- 57-403 mendatiof re City Auditor Work Plan for Fiscal Year 1987-88 6. Finance and Public Works Committee Recom- 57-403 mendation re Investment Policy for 1987-88 7. Resolution 6625 Calling Palo Alto's Gen- eral Municipal Election of Council Members, Requesting the Services of the Registrar of Voters, and Ordering the Con- solidation of said Election 57-405 57-378 6/22/87 ITEM P F. G E 8. Contract with Hewlett Packard for Computer 57-405 Hardware Maintenance 9. Contract with Hewlett Packard Support Maintenance 10. Contract with NCR Corporation Support Maintenance 11. Contract with NCR Corporation Hardware Maintenance tor for for Software Software Computer 12. Agreement with Marguerite Shuttle Service for Stanford University/City of Palo Alto Express Bus Demonstration 13. Project Mobility - Contracts with Palo Alto Yellow Cab Company Bay Area Cab Leasing Company, and St. Clair Transportation Company for Wheelchair Accessible Van Services 14. Contract with the City of Santa Clara for Use of Pistol Range for Fiscal Year 1987-8e 15. Contract with Systems for Public Safety for Policy Background Investigations for Fiscal Year 1987-88 16. Contract with Jacqueline Kubal for Pro- fessional Services of Animal Services Volunteer Coordinator for Fiscal Year 1987-88 17. Amendment No. ♦ to ren*rect 4422 with S u e W alima for Professional Services of Health Resources Coordinator for Fiscal Year 1987-88 1$. Contract with Sobel -Knight, Inc., for Recruitment Advertising Services for Fiscal Year 1987-88 19. Amendment No. 8 to Contract 4017 with Palo Alto Community Child Care, Inc., for Fiscal Year 1987-88 57-405 57-405 57-405 57-405 57-406 57-406 57-406 ITEM PAGE 20. Amendment No. 1 to Contract No. 4641 with Community Association for the Retarded, Inc., for Fiscal Year 1987-88 57-406 21. Amendment No. 6 to Contract 4164 with Palo 57-406 Alto Adolescent Services Corporation for - soa i L y V 4.{ i va5r i0iv 7-'00 22. Amendment iJo. 5 to Contract 4231 with Mid- 57-4.06 Peninsula Citizens for Fair Housing, Inc., for Fiscal Year 1987-88 23. Amendment No. 5 to Contract No. 4323 with 57-406 Palo Alto Area Information and Referral -Services for Fiscal Year 1987-88 24. Amendment No. 6 to Contract No. 4165 with 57-406 Mid -Peninsula Support Network for Fiscal Year 1987-88,. 25. Amendment No. 9 to Contract No. 4019 with 57-407 Senior ,Coordinating Council of the Palo Alto Area, Inc., -tor Fiscal Year 1987-88 26. Agreement with Cultural Center Guild for Project Look! for Fiscal Year 1987-88 27. Amendment No. 4 to Contract No. 4327 with Palo Alto Housing Corporation for Low and Moderate .income Housing Services for Fiscal Year 1987-88 2 . Amendment No. 1 to Contract No. 4639 with Urban Ministry of Palo Alto for Admini- strative Funding of Programs for the Homeless for Fiscal Year 1987-88 29. Human Services Contract for Emergency Housing Consortium of Santa Clara County to Support Temporary Housing and Supportive Services to Homeless Residents of Palo Alto for Fiscal Year 1987-88 57-407 57-407 57-407 57-407 30. Amendment No. 1 to Contract 4681 with Palo 57-407 Alto Unified School District/City of Palo Alto Youth Counseling Project for Fiscal Year 1987-88 57-380 6/22/87 ITEM 31. Thermal Insulation Final Test Results and Recommendations 32. Review of Measure to Increase Appropria- tions Limit - Article XIIIB of the California Constitution (Proposition 4) 33. Review of Utilities Users Tax Ordinance PAGE 57-407 57-413 57-416 34. Initiative Petition for a Proposed Ordi- 57-417 nance re Leaf Slower Control 35. Ordinance Creating Limited Exception for 57-418 Hours of Solicitation Applicable to Solici- tors and Peddlers 36! Request of Mayor Woolley re Cancellation of 57-419 July 6, 1987, City Council Meeting Adjournment at 11:00 p.m. 57-419 57-381 6/22/87 Regular Meeting Monde}y, June 22, 1987 The City Council of the City of Palo Alto met on this date in the Council Chambers, 250 Hamilton Avenue, at 7:40 p.m. PRESENT: Bechtel, Cobb (arrived at 9:15 p.m.), Fletcher, Klein, Levy, Patitucci (arrived at 7:41 p.m.), Renzel, Sutorius, Woolley • ORAL COMMUNICATIONS Sophia Dhrymes, 485 Hawthorne, re selection of the Chief of Police. MINUTES OF MAY 26 1987 MOTION: Vice Mayor Sutorius moved, seconded by Fletcher, approval of the Minutes of May 26; 1987, as submitted. NOTION PASSED 7-0-1, Renzel "abstained," Cobb absent. 1. APPOINTMENT OF MID -PENINSULA ACCESS CORPORATION DIRECTORS (1141-02) MOTION: Mayor Woolley moved, seconded', by Bechtel, that since the City Council. only received four applications and the appointments, to the N -PAC... Board of Directors are extremely important, staff be directed to readvertise the vacancy with the tieing to be determined by start. Mayor Woolley referred to the election time constraints presently in the City Clerk's office and said all parties involved were amenable to advertising occurring at the end of August. Council Member Renzel was prepared to vote that evening. Even though there were only four applicants, she was com- fortable supporting two of them. She was concerned the process was advertised in the Palo Alto Meekly and the Peninsula Times Tribune. She believed it was a "slap in the face" to continue the process. If Council, believed four applicants were too .few, • the decision should have been made prior to the interviews. The M -PAC board was operating with a bare quorum. She opposed the motion. Council Member Patitucci supported the motion because he did not believe M -PAC was a viable organization until the cable issue was resolved. It was a "slap in the face" to the can- didates to ask them to apply and than not appoint or at least to let them know they would be rejected and not to apply again. He did not support the interviews in the first place because until Council ended up with a viable cable system to support public access there Was no point having a board which believed it had a task. AMENDMENT: Council Member ratitucct moved, seconded by Klein, that any readvertising for appointment to the M -PAC board be postponed until the Century. Federal case was resolved sufficiently so the Cable Co -Op resumed making pay- ments to the M -PAC. Council Member Patitucci said his intent was that readver- tising not occur until the issue was resolved to the point where M -PAC had a mission and source of revenue to carry it out. Council Member Klein agreed. Vice Mayor Sutorius did not support the amendment because there was continuing dialogue between Cable Co -Op and M -PAC and there did not appear to be potential that the community access process could not continue or be re-engaged with some opportunity for some utilization. Further, Palo Alto was the lead agency in the joint powers agreement (JPA) and was bowing out of the process of M -PAC without any consultation with any of the other members of the JPA and showing a lack of support for a process and a body. It was embarrassing. Council lilember Levy concurred a key factor was that the situation should be sufficiently resolved so that the Cable Co -Op clarified when it would make payments and when it would begin to move on fulfilling its obligations regarding the studios, etc. He preferred that Council not support the amendment but request the City Clerk, when ready to proceed with advertising the position, to submit the ..proposed time- table- for Council approval so Council could evaluate the situation and see whether it was appropriate to proceed. He agreed with Council Member Patitucci that Council needed to wait a period .of time to clarify the situation. SUBSTITUTE AMENDMENT: Council Member Levy moved, seconded by Fletcher, that when the City Clerk was rt;ady to advertise for the M -PAC appointments, she submit her proposed time- table for Council approval. 57-383 6/22/87 Mayor Woolley believed the substitute amendment was reason- able. She shared some of Vice Mayor Sutorius' concerns but did not believe she had enough information, at that point, to take an action which might affect the status between the Co -Op and M -PAC. As pointed out by Council Member Renzel, M -PAC needed a quorum, and she was concerned Council might be eliminating M --PAC, and as pointed out by Vice Mayor Sutorius, it was not an appropriate action for the lead agency to take without consulting the other agencies. Council Member Renzelbelieved the substitute motion implied M -PAC had no value at that time and she agreed with Vice Mayor Sutorius' response to that implication. M --PAC wanted to continue to work on the public access issue, but needed its new members because people had resigned and presently there was a minimal board. A major question to applicants was fundraising because in the event there was some resolu- tion of the current Century Federal situation and there was no funding for ri-PAC, it was felt the M -PAC board would have to have fundraising skills. That was still valid -and went to the main issue of whether Council should help the M -PAC board have an operating group at that point. With regard to the scheduling, she had no problem with the amendment if the main motion passed, but with two initiatives on the ballot, she queried the City Clerk's schedule between then and November. City Clerk Gloria Young said it would be tough but she pro- posed to advertise for the vacancies the last part of August and first part of September in order to bypass vacation periods which was a concern of M -PAC. Council Member Renzel queried when .appointments would be made. Ms. Young said the end of September. Council Member Renzel clarified M -PAC would be left with a bare quorum for three months. Concerns about the number of applicants should have been addressed earlier. Council Member Klein believed Council Member Patitucci did a service.by surfacing the.real issue that M -PAC was in deep trouble because of a court decision which lead the Co -Op to suspend payments. He did not believe the time :table set out by the City Clerk would be acceptable for any other board or commission: It did not make sense tip have- an M -PAC board at that time and it might be asking too much for those who served under that board to rake it work under the present circumstances, which he believed was why there were only 57-384 6/22/$7 four applicants a:nd so many resignations. Palo Alto tad the responsibility to run cable and acknowledging the true facts was part of'that responsibility. He did not find it embar- rassing to step back because the situation was notone over which Council had control. The proposed action was not backing away from public access but rather was a realization of the true facts. He did not believe it would have any effect on the M-PAC/Co-Op negotiations. He supported Council Member Patitucci's motion. Council Member Patitucci believed the last M -PAC appoint- ments were good and the people were energetic, but they resigned. Even when one showed enthusiasm during an inter- view, it was tough to maintain it when there was no mission or budget. It was a disservice and an embarrassment to the candidates to ask them to apply to a board with no role, responsibility, or mission at that time. He would not sup- port the substitute motion. SUBSTITUTE MOTION FAILED by a vote of 4-4, Renzel, Levy, Woolley, Bechtel voting "aye," Cobb absent. AMENDMENT FAILED by . a vote of 3-5, Bechtel, Klein, Patitucci, voting 'dye," Cobb absent. MOTION PASSED by a vote of 5-3, Renzel, Sutorius, Patitucci voting "no," Cobb absent. CONSENT CALENDAR MOTION: Council Meatier Levy moved, seconded by Sutorius, approval of the Consent Calendar. 2. RATIFICATION OF USE OF PISTOL RANGE IN FY 1986-87 - CITY OF SANTA CLARA (CMR:298:7) (1202) 3. FINAL SUBDIVISION MAP - 440 SAN ANTONIO ROAD (CMR:334:7) (300) -` MOTION PASSED unanimously, Renzel "not participating," Cobb absent. 4. PUBLIC HEARING: FINANCE AND PUBLIC WORKS COMMITTEE RECOMMENDATION RE FISCAL YEAR 1987-88 BUDGET WITH AMENDMENTS (CMR:325:7) (280-03) Chairman of the Finance and Public Works (F&PW) Committee Larry Klein thanked those who worked so . hard and diligently on the budget. Staff performed heroic measures to get the budget documents out and turn the minutes around in time to 57-385 6/22/87 meet statutorily imposed deadlines of passing a budget by the end of June. Many people were involved in producing the budget documents, minutes, etc., but he particularly com- mended City Manager Bill Zaner, Director .of Finance Mark Harris, Budget Manager Randy Musgraves, and the City Clerk's Office. The recommended changes by the F&PW Committee were not significant from the documents first submitted. He referred to the 5 percent reductions which the F&PW Committee of last year directed staff to prepare, and -as reflected in the minutes, those reductions were not forgot- ten,. but at staff's urging and rather than move hastily to reduce what might be valuable programs, the F&PW Committee decided to retain the item in F&PW Committee for careful consideration. Staff had some studies in effect which might aid the F&PW Committee in figuring out what, if any, areas might be reduced. He emphasized the F&PW Committee felt strongly about the audit letter received from Coopers & Lybrand; and, while it was not a financial change;,_ the budget documents reflected that `all Council -Appointed Officers, where relevant, placed as their top priority getting the City into compliance with the comments contained in that letter. As prepared uy -the City Manager, the gen- eral tone of the budget was "hold the line" taking into account that the City's revenues were not increasing. The F&PW Committee agreed, but it wanted to be even more vigi- lant in holding the line and not increasing expenditures. Thus, several changes were proposed where requests for additional employees were denied. There were a few areas where the F&PW Committee recommended either to move expendi- tures up a year, as in the instance of Greer Park, or that money be added to the budget --the additional $15,000 for child care, additional sums in the Capital Improvement Budget for the Adobe Creek Underpass, and additional moneys for accounting help in- the Finance Department. The budget document listed only a few changes and with only a couple of exceptions, all recommendations from the F&PW Committee were on a unanimous vote, NOTION; Council Member Klein for the Finance and Public Works Committee moved as follows: A. By unanimous vote Greer Park project was moved forward one year from 1988-89 to 1987-88 increasing the Capital Improvement Program budget by $525,000; B. By unanimous vote Adobe Creek Undercrossing project (total cost of $50.000) and a corresponding Transportation Development Act grant ($28.000) was added to the Capital Improvement Budget; 57-386 6/22/87 MOTION CONTINUED C. By unanimous vote an increase of $9,500 for external audit services in the City Auditor's Office; By unanimous vote a decrease of $1,847 in the City Auditor's Office and a decrease of $2,610 in the City Clerk's Office reflecting referral to the Council Personnel Committee the issue of appropriate Council - Appointed Officer's Support Staff classification and benefits (Referred on 6/15/87 by City Council to F&PW Committee); E. By unanimous vote F&PW Committee directed staff to add an objective to continue to develop as a high priority operating efficiencies throughout City government with the implementation of the computer system; F. By unanimous vote F&PW Committee directed staff (City Manager, City Auditor, Finance Department) to add as a first priority objective for FY 1987-88, compliance with the audit letter; G. By 3-1 vote a decrease of 1.0 Parking Monitor position ($34,889) from the Police Department's proposed budget; H. By unanimous vote a decrease of ($57,865) 1.08 overtime person year in the Police Department; I. 3y unanimous vote referred the Recovery of Emergency Costs fees for the Police and Fire Departments to the Policy and Procedures Committee for further considera- tion; J. By 3-1 vote a decrease 1.4 Paramedic Captain position ($63,394) from the Fire Department's requested budget (CC file #1230-01); K. By .unanimous vote approval of refuse rate increase of five percent; L. By unanimous vote accepted the Child Care Task Force Recommendations Alternatives Report increasing Human Services Administration by $15,000 to be available as matching funds for Palo Alto Community Child Care (PACCC) (Approved by Council on 6/08/87); 57-387 6/22/87 MOTION CONTINUED M. By unanimous vote an increase of $50,000 for additional resources in the Finance Department to implement external auditor's recommendations in the 1985-86 management letter and to keep the financial data base project on schedule; N. By unanimous vote approval of fee increases and change to the Municipal Fee Schedule as noted in Exhibit "C"; 0. RESOLUTION 6621 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING UTILITY RATE SCHEDULES R-1, R -1 -FA„ R-2, R-3 AND R-4" RESOLUTION 6622 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING FEES FOR THE PALO ALTO MUNICIPAL GOLF COURSE" RESOLUTION 6623 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE COMPENSATION PLAN FOR MANAGEMENT PERSONNEL AND COUNCIL -APPOINTED OFFICERS ADOPTED BY, RESOLUTION NO. 6554 TO ADD THREE NEW CLASSIFICATIONS AND REFLECT CHANGES IN TITLES OF EMPLOYEE CLASSIFICATIONS" R. RESOLUTION 6624 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE COMPENSATION PLAN FOR CLASSIFIED PERSONNEL (SEIU) ADOPTED BY RESOLUTION NO. 6610 TO ADD SIX NEW CLASSIFICATIONS AND REFLECT CHANGES IN TITLES OF EMPLOYEE CLASSIFICATIONS" S. ORDINANCE 3756 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADOPTING A BUDGET FOR THE FISCAL YEAR 1957-88" Mayor Woolley announced that the budget would be voted on in one motion unless particular items were removed. Mayor Woolley removed Item J, Paramedic Captain position, at the request of a member of the public, and Item A, Greer Park. Council Member Fletcher removed Item G, Parking Monitor. Mayor Woolley declared the public hearing open. 57-388 6/22/87 Philip Berghausen, 3455 Rambow Drive, referred to his letter to the City Council, dated June 13, 1987, (on file in the City Clerk's office) with regard to the full-time EMS Coordinator position in the Fire Department. He understood the Paramedic Program essentially had no increase in alloca- tion of City resources since 1974 yet their call volume increased significantly. His reference to call volume .only represented the use of advanced life support techniques. The entire call volume was estimated to be 400 to 600 calls per year or an average greater than ten per day, A large increase in workload must carry with it a commensurate increase in resources devoted to the program. The extra burden of coordination of the Paramedic Program was absorbed beyond the limits of existing personnel. The Training Officer who had -been serving as the Paramedic Coordinator worked significantly longer than eight hours per day to try and function as the coordinator of the Paramedic Program. He realized there were important competing programs such as Hazardous Materials but HAZMAT accounted for less than one percent of all Fire Department calls whereas the paramedic van responded to about 85 percent of all calls. The Paramedic Program was highly valued in Palo Alto and he believed the high quality level of service could only be maintained by devoting additional resources to the Paramedic Program, They were not talking expansion but rather main- taining what was there. The EMS Coordinator position was desperately needed. He urged approval. Paula,, Elmore, 999-42 Evelyn Terrace West, Sunnyvale, was Field' Operations Coordinator for the Office of Emergency Medical Services for Santa Clara County. She said the Paramedic Program and the Emergency Medical Tehnician - 1 (EMT -1) firefighter in the Palo Alto Fire Department could not run itself. Someone needed to keep track of everyone's certification and recertification dates to ensure they fell into the County process to take the exam to stay current and be able to function as a paramedic. If that was not done, a paramedic was put on inactive status putting a strain on the department. Someone needed to track continuing educa- tion because it was also a requirement for certification and recertification. There needed to be someone to coordinate and keep track of basic life support certification and advanced life support certification which was another requirement for certification as a paramedic or EMT in Santa Clara County, In certification, it was important that the paper work be 'submitted on time and that it be accurate. The County participated in a nine bay area -regional reciprocity program which meant it was no longer. just Santa Clara County processing the paper work, and it it was not done correctly, the central repository in Alameda would kick 57 339 6/22/87 it back and the people would miss the process which meant the department had to put additional time and resources in scheduling for the next testing process and keeping them from functioning in full capacity in the field. A paramedic needed to know what to do to prepare for the examination. Palo Alto had 15 paramedics and 90 EMT's and at some point they all went through different programs which required a lot of effort on one person's part to keep track of where everyone was at a given moment. A coordinator audited the training program to ensure it fulfilled the needs of the department and made suggestions on how to improve the training programs. The coordinator participated in teaching and implementing new policies which came out from the County and the State which affected pre --hospital paramedics and EMTs. The coordinator was also responsible to track new legislation which would impact the department and the prac- tice of paramedics and EMTs in the field. Presently EMTs were undergoing a change in scope of practice and an addi- tional optional skill of defibrilation was added. All EMS departments were trying to put together a program to train and begin the process. EMS Coordinator also acted as a liaison with the County EMS Department for the Trauma Centers and got the paramedics used to the trauma system, policies and any additional training required by the County. The coordinator also served as a liaison. with the bay station in the event of a medical incident report. The coordinator tracked down the paramedics, secured the inci- dent reports, helped do the investigations to determine whether a real problem existed or a minor infraction and what, if any, disciplinary action might be taken. They also followed up on complaints from the public. The coordinator was also a communicable decease liaison person whom she worked with to ensure paramedics or EMTs received proper care. Council Member Patitucci asked Ms. Elmore to define the scope of her responsibilities with the County. Ms. Elmore was responsible for implementation of all poli- cies and State statutes regarding pre -hospital care, the auditing. of . training programs and certification of para- medics, mobile intensive care nurses, bay stations, trauma centers. Council Member. Patitucci. .asked how many other cities had paramedic programs like Palo Altos. Ms. Elmore said two. 57.390 6/22/87 Tony Spitaleri, 1125 Merrimac Drive, Sunnyvale, President, Palo Alto Firefighters Union, said every city that had a paramedic system except Palo Alto, had an EMS Coordinator in that position. After listening to the Fire Chief and his staff regarding the concerns and needs of the EMS Coordinator position, the Union agreed to forego three promotional opportunities in the Fire Department to help in HAZMAT and in the EMS service coordinator positions. The Paramedic Program started in 1974 with three to four, calls a day with three paramedics per shift. They presently ran over 4,800 calls a year or an average of ten calls per day. The average burnout was now four years instead of eight years. The level of training, stress, and crisis interven- tion skyrocked with paramedics. The high level of medical service required by Stanford Hospital and other bay stations had to be passed on to the :aramedics so they could perform in the fields. .The current training officer Nick Marinaro who had an extensive medical background was leaving the position and the current training officer did not have the same level of background. The skills needed to be kept up and the paramedics needed to be kept in the field. The paramedics were dealing with high risk areas, such as Aids and Hepatitis H, not previously dealt with and they needed ongoing training. The EMS Coordinator needed to keep para- medics at -- the level of training required recognizing stress points so a paramedic was not out in the field on the brink of bre king and keeping the rest of the Fire Department at the level of training to support the paramedic service. It was a three -tiered system --the hospital, paramedics, and firefighters. Each level of training had to keep abreast of current training and new innovations in the medical field. Without the proper level of training the citizens would not receive the level of service they were used to. Palo Alto's paramedics were being stretched like a rubberband to the point of breaking. They were asked to expand their level of service to the community in paramedics and HAZMAT but did not receive any new personnel. The department: had not grown since 1976, it had the same or less amount of people since consolidation and the EMS calls tripled. The suicide rate, plane crashes, heart attacks, and everything else increased. There was a crisis intervention program for paramedic stress which previously did not exist. He pointed out the position was coming from existing personnel. To shuffle one person to another area such as HAZMAT because it was the going thing did a disservice to the community. Someone was needed in paramedics and HAZMAT.. He urged the Chief he left to run his department and deploy the people in positions where ne saw the need. 57-391 6/22/87 Mayor Woolley declared the public hearing closed. AMENDMENT: Council Member Bechtel moved, seconded by Fletcher, re Item J, to retain 1.0 Paramedic Captain posi- tion ($63,394) in the Fire Department Budget. Council Member Bechtel said the City Manager and Fire Chief recommended that the position be in the budget and as demon- strated, there was strong support. She urged Council to support the position as recommended by staff. Mayor Woolley referred to the F&PV Committee minutes and said Council Member Cobb moved and Council Member Bechtel seconded a motion to keep the staffing at the same number but allow the Fire Chief to arrange the staffing as he saw fit..- She clarified that was not the motion. Council Member Bechtel said the motion referred to by Mayor Woolley failed and it was not staff's original recommenda- tion. The motion on the floor specifically said there would be a Paramedic Captain position and there would be a person designated for hazardous materials. The concern of the two Council Members who voted against the amendment was they believed there should specifically be a slot allocated for hazardous materials. In retrospect, the original staff recommendation was strong and had a lot of support. The Paramedic Captain position as well as the hazardous mate- rials position were important and she urged support. City Manager Bill Zaner said the original recommendation, which appeared in the printed budget, provided for the realignment or reallocation of three people. One person would come from Fire Suppression and move to paramedics and become a captain; a second person would come out of Fire Suppression and go to hazardous materials; and a third person would be hired also to go to hazardous materials in the form of an inspector. That person would have generated through permits that he or she would issu .'i the revenue to cover the cost of the position. The middle ground recom- mendation would have frozen the number of people in the Fire Department --no new people would be added --but the staff would be free to allocate the people as it' saw fit. If people could be used more effectively either in hazardous materials or in the paramedic service, they would be moved. The F&PW Committee recommendatiaanprovided authority to move two positions frame Fire Suppression but those positions would go into hazardous materials and there would be no addition in the paramedic service.. 57-392 6/22/87 Council Member Klein was part of the F&PW Committee majority who passed the amendment before the Council; however, he supported Council Member Bechtel's amendment which was the reverse of his previous position. He remained concerned about adding people and a cost recovery position was not a total justification. He was willing to change his position because of the testimony and the inability of present para- medics to handle the job stress without the addition of the coordinator. He hoped Mr. Spitaleri and his people would also support the Chief's recommendations down the line if he recommended they could do with less people in other areas because the same analysis which said they needed a new person in one area might well support a reduction in other areas. The City needed to be able to respond to changing needs by both increasing and decreasing staff. Council needed to consider that both the day and night populations had not increased in recent years and be tough on itself before adding people. There were cases when additional people were justified as in the case of hazardous materials but there were other cases where Council needed to pursuade employees and the public at large that cuts needed _to be made from time to time. Mayor Woolley did not support the F&PW Committee's recom- mendation that Council decide how members of the Fire Department should be allocated because Chief Wall had a far better idea where he needed staff. On the other hand, she was.hesitant to add another person. The nature of the Fire Department was changing and the Chief needed to be able to move staff around. She preferred to allow the Chief to allocate staff but to keep the staffing at the same number. SUBSTITUTE AMENDMENT: Mayor Woolley moved, seconded by Patitucci, to allow the Chief to allocate staff but to keep the staffing at the same number. Council Member Patitucci believed the amendment reflected the position he was prepared to support in the F&PW Committee. The position of keeping staff at the same number was advocated by Council Member Cobb who said within the department there were allocations that staff would make based on workload and that the overall number of personnel was what Council should approve. He saw no justification for additional personnel, especially since the numbers they saw showed the City probably paid more per capita for fire services than any' other city in Santa Clara County already. He supported the substitute amendment. 5►7-393 6/22/87 Council Member Levy asked for clarification of the F&PW Committee recommendation. Mr. Zaner said the two persons in hazardous materials would come from Fire Suppression and there would be no outside person. Council Member Levy clarified that one of the hazardous materials positions would be self-supporting. Mr. Zaner said that would probably be correct, but he did not believe it supported -the argument that it reduced the total compliment of the department. Council Member Levy said it did not raise the number of bodies but reduced the net cost of the Fire Department by the effect of one individual. Therefore, if Council added one person in paramedics, it would not increase the net cost of fire fighting over what it would have been that year with the staffing it presently had, Mr. Zaner said the revenue would more than offset the addi- tional costs so the net would come out to be zero or better but there was still the matter of an additional person. Council Member Levy asked how confident staff was that switching someone over to HAZMAT would pay for itself. Mr, Zaner said very confident. Council Member Levy was comfortable agreeing to add the position to the Fire - Department for the purposes of para- medics because it seemed to him Council was giving the Chief the flexibility to -staff as he saw fit and adding a position in HAZMAT which was self supporting. Council Member Fletcher understood the paramedic captain position had to be authorized by Council because it was a new position. Mr. Zaner said that was correct. It was not presently included in the organizational table. Council Member Fletcher supported the original motion and believed it was perfectly justified to add a position in paramedics because while the night time population remained stable, Palo Alto gained a great deal in the elderly popula- tion which demanded a lot of paramedic service. Since the staffing level was set, Palo Alto now covered the Stanford campus and the day time population had ballooned. 57-394 6/22/87 Additional needs were demonstrated. It stress could be reduced, training money would be saved in the long run because training new firefighters to become paramedics was an expensive process. The extra position would also be paid for through increased fees of paramedic service. She opposed the substitute amendment but supported the amend- ment. Council Member Bechtel encouraged support of her original amendment. She supported the so-called compromise during budget sessions just for that reason and it was better than nothing at all. She believed there was a need and it was supported by staff and the Fire Chief. Council Member Klein opposed the substitute amendment because he did not believe Council's role was to set general staffing levels and leave it to the department head. It was Council's responsibility to consider some programs within a department and see whether they were justified. There were Policy implications in such matters which should not be left solely to staff. He supported Council Member Bechtel's amendment. Mayor Woolley referred to Council Member Levy's line of questioning and queried if Council took the middle position and did not hire a new person to work in HAZMAT, whether there would be additional inspecting occurring from the per- son who was shifted from Fire Suppression and whether inspection fees would add to the revenue of the Fire Department anyway. Mr. Zaner said yes. Mayor Woolley said the position would cost the City some- thing because while it would be gaining the increased rev- enue from the one person being shifted, the new hire might not necessarily be the actual inspector but rather be the person specializing in chemistry and providing new exper- tise. She did not buy into the cost -recovery argument. Council would be reviewing a study on public safety and there might be some cuts in both public safety departments and to her it was not the time to add personnel. Council Member Levy understood that if one individual was added, there would be no increase in net expense versus revenue because the revenue would increase by enough to cover that person. Based on what was just said to Mayor Woolley, that was not the case. 57.395 6/22/87 Fire Chief Bob Wall said there were two additional functions for hazardous materials. One was to continue the routine inspections and maintain the current level of service and fees were increased to cover the increase in cost of moving the person from Fire Suppression to hazardous materials. Secondly, a new service was to provide investigation of leaks which occurred but were not investigated and leaks which might occur on a spontaneous basis. The original intent was for the new service to be fully covered by fees recovered from those responsible for the spill. Mayor Woolley clarified if the person was not h: red, the City would not collect the fees. Chief Wall said that was correct. If the person was not hired, the new service would not be provided by the City; however, another avenue might be to push the State who cur- rently provided the service at a very low level. The County was looking to add personnel in that area and it might occur at a comfortable level. If hazardous materials leaks were to be investigated, it needed to be at the local level. It was a new service. Council Member Bechtel said in every other department in the_ City, Council specified on the listing of various positions how many of each slot. Council had not listed how many positions were allocated and she believed Council needed to specify and be consistent with the rest of its processes. Vice Mayor Sutorius said paramedics got him to Stanford in time where an arrest situation could be taken care of. He supported the paramedics. SUBSTITUTE AMENDMENT FAILED by a vote of 2-6, Woolley, Patitwci voting "aye," Cobb absent. Council. Member Patitucci would not support the amendment. He tried to be consistent, ask difficult questions and hope- fully get his colleagues to address some of the matters which generated increased costs to the City. People cost money in City government and the Palo Alto City Council talked a good line about trying to holding staffing and budget expenditures. -He referred to the summary of the cost of services provided by the City Manager and. said Palo Alto had the most expensive public safety operation in Santa Clara County because it had higher staffing. If costs were to be controlled, higher staffing had to be addressed. While the subject instance was probably a' poor case to fight the issue, the issue had to be addressed at some point. 57-396 6/22/87 Mayor Woolley enthusiastically supported Council Member Patitucci's comments and pointed out that Council did not vote down the paramedic captain position. It was left up to Chief Wall who_ indicated he would keep the position. Council was voting to keep staff the same. She would not support the amendment but did not feel s,,e was voting against the paramedic position because it was pr=obably the most highly valued service within the Fire Department. Council Member Levy did not believe he was increasing the costs of City government by adding the position because the position which was fundamentally added was the one new HAZMAT position which would pay for itself. Therefore, the net cost was no increase, yet the City was able to increase its service both in the hazardous materials area and in the paramedics area. He concurred with the philosophy stated by Council Member Patitucci, but believed Council's actions were fiscally responsible. AMENDMENT PASSED by a vote of 6-2, Woolley, Patitucci voting °no,' Cobb absent. Mayor Woolley referred to Item G, Parking Monitor, and said that while the wording on the agenda sounded like a decrease in the Parking Monitor position, it was really a decrease according to the current: -year's proposed budget which added a Parking number. Council Member Fletcher understood the original proposal increased the number of parking monitors from four to five. The F&PW Committee minutes reflected that the downtown parking areas were divided into five areas but only four were monitored on a daily basis. The request was to add the position so there would be full parking enforcement through- out the downtown every day instead of four days a week. It was another situation where the increased revenues from the citations for illegal parking would cover the costs of the position. She did not see why there was such 4 Hang- up about increasing staff if it did not increase the costs to the City. The population downtown was greatly increased, there was an increased need and the number of violations downtown were enormous. Council wanted to keep parking spaces open for people who shopped downtown so they could park close to the stores. AMENDMENT: Council Member Fletcher moved, seconded. by Patitucci, that the parking monitor position in the Police Department be reinstated. 57-397 6/22/87 1 Council Member Patitucci said the situation was one which paid for itself and under the logic of the last decision, Council should approve it'. Council Member Bechtel had not heard 'an overwhelming cry from the downtown merchants nor from the: citizenry for more frequent parking monitoring and until she did, she was unprepared to add the extra position. However, she had heard from members of the public concerning paramedics and hazardous materials. In fact when she told various members of the public that Council eliminated the parking monitor position over the City Manager's recommendation, they said "hooray." She was not convinced of the need Council Member Levy asked how many tickets a day could be expected per day from a parking monitor and how much revenue was generated by each ticket. Assistant Police Chief Chris Durkin said the proposal went from five parking monitors to six. - Currently four were downtown and one was on California Avenue. He estimated that downtown between 500 and 1,100 parking spaces were not enforced daily. Approximately 100 citations per day were issued and the revenue of -the additional position would be a net of about $50,000. Parking bail varied from $8 to $23, and the average was in the $12 to $15 range. There was a $3 surcharge for courts and jails. Council Member Levy asked whether the new parking monitor would write 100 citations per day. Assistant Chief Durkin believed the citation volume or revenue projections would be fulfilled. Mayor Woolley asked whether the $34,889 included the cost of the vehicle acid equipment which was necessary in addition to the salary of the parking monitor. Assistant Chief Durkin believed the figure only included salary and benefits. There would be a one-time charge of the parking monitor Cushman and radio which would probably raise the figure perhaps $10,000 to $15,000. Mayor Woolley received many complaints about the efficiency of the parking monitors in the downtown but she parked in the same space on Monday, Tuesday, and Thursday and never failed to see a parking monitor checking the area. The Chamtrar of Commerce recently announced the formation of a new committee to work with merchants to improve the number cif spaces available for shoppers. She preferred to keep the status quo. 57-398 6/22/87 MOTION FAILED by a vote of 3--5, Renzel_; Levy, Fletcher voting "aye,* Cobb absent. Mayor Woolley referred to Item A, Greer Park, and said all she could find in the minutes was a comment where Chairman Klein asked the City Manager what he would do if he all of a sudden had $500,000, and Mr. Zaner said he would move the Greer Park project forward. She asked from where the $500,000 came. Council Member Klein said the $500,000 was always there and a better question would be the appropriate level for a reserve, The Capital Improvement Project budget had to be viewed differently from the operating budget and he believed the capital improvement budget was a shade on the low side the past year and the reserves were maintained at a higher level than necessary. He believed the suggestion was appro- priate given the amount of money available in the reserves and what was being spent on capital improvements as proposed in the budget as amended. The concern was whether there was a sufficient amount of reserves after adding Greer Park and Mr. Zaner said yes. The Greer Park addition was appropriate since it kept being put off. The neighborhood had been very patient and it was time to move forward and get the program done. Ore of the advantages of bringing the matter forward was if for some reason the City's revenues declined in 1987-88, the project could be readily postponed because all they were doing was moving money forward for planning pur- poses in 1987-88 and the actual expenditures would not take place until the 1988-89 fiscal year. It seemed to him to be :an appropriate item to add to the capital improvement budget. Mayor Woolley asked for clarification that the City would only be spending $80,000 because the City was still appro- priating $500,000. Mr. Zaner said it was a question of timing and the way the City could do the engineering, planning, and design and get into construction. He deferred to Assistant Director of Public Works George Bagdon to .explain the consequences of making si.ach a n appropriation. Mr. Bagdon said the money staff would be working with for the next fiscal year would be for design. Construction probably would not commence until .the summer and that was where the large amount of money would be used. 57.399 6/22/87 Vice Mayor SutoriuS said the $80,000 recommended by staff for the 1987-88 Capital Improvement Program was for design improvements. The F&PW Committee recommendation was to accelerate the 1988-89 Capital Improvement Program in the amount of $525,000, and as indicated by Mr. Bagdon, the $525,000 would be banked. =fir. Bagdon said that was correct in a sense. Vice Mayor Sutorius did not see a particular urgency for. moving $525,000 out of the reserves into the CIP labeled for the Greer Park project when the money would just get banked. He did not see what was accomplished other than philoso- phically Council looked ahead one year and said that in 1988-89, it needed to spend approximately $52.5,000 for grading and drainage and so the money was put in the bank that year. Mr. Bagdon pointed out the $650,000 would also be moved up one year and therefore when the project was constructed next summer, staff would be doing two elements of construction. If Council kept the money w„eLe it was, there would be two separate years of construction. Vice Mayor Sutorius clarified staff anticipated being able to do $1,125,000 worth of expenditures during the 1988-89 budget year. Mr. Bagdon said yes. Vice Mayor Sutorius queried whether the grant reimbursements were anticipated to be on the same schedule. In 1988-89, the City anticipated $175,000 in grant reimbursements and 1989-90, it. expected $250,000 in grant reimbursements. He queried whether the grant reimbursements could be applied for and secured in the 1988-89 period. Mr. Bagdon said that the answer was yes. . Vice Mayor Sutorius said while it was laudable to want to finish the project one year early, he was not in a position to support the motioh because he could not see the urgency. He was not satisfied the money could not be contained in the capital improvement reserves and if Council wanted to make a decision in a year that the funds were such that the City could do the whole job in 1988-89, it could be done then. He was concerned that in the meantime, there was always the potential for the unexpected situations which lead to over- runs being encountered and reliance was put on two pending 57-400 6/22/87 items, i.e., the utility users tax and the Gann override. In that way Council anticipated it would be able to do some important things _it was committed to as part of the City's infrastructure. He believed the more sound thing to do was to hold the money so Council would know what it was doing in six or seven months. He was concerned Council was relying on a rapid and positive outcome as far as a storm drainage utility fund through which concept Council could meet the necessary storm drain improvements. As indicated by staff, to make it under that 'concept, money would have to be moved out of the Everett Storm Drain Program and possibly put in additional moneys in a later year. He believed Council was committing moneys inappropriately. Council Member Patitucci understood the F&PW Committee's action was to carve out part of the reserves in order for it to be tied up for the Greer Park project knowing full well that if the design work progressed as planned, none of the money would be spent and the F&PW Committee and Council would have the opportunity to evaluate. By appropriating the funds, the reserves were being lowered by the amount -of funding for the project and next year instead of having to appropriate, it would already have been appropriated and would be part of the plan. 11 could probably be done either way. He did not believe it was critical. The City Manager stated Greer Park was the next.. project on the list of priorities and most Council Members agreed. It was a ,middle category and a good way to categorize Council's interest in having the project progress. If the City ran into budget problems next year and the reserves dipped, the project could be postponed. Council Member Mein agreed with Council Member Patitucci. He believed it wa-s a good idea because it sent an appropri- ate message to staff that Council believed the level of the CIP for 1987-88 as proposed was a little on the low side and the reserves a little on the high side. As he recalled, the F&PW Committee never discussed possible additional revenues being generated by the utility user's tax as part of the consideration in trying to decide whether to move the project into the CIP for 1987-88. Council Member Fenzel was pleased with the F&PW Committee recommendation to accelerate the Greer Park project. She supported a stronger statement in the budget with respect to Greer Park. 57-401 6/22/87 Council Member Cobb queried whether any contributions to the downtown child care center would come from the same finan- cial pockets. Mr. `Diner said it would come from the reserves. Mayor Woolley pointed out that the Child Care Center was not on the list and the timing of the project could not wait -until the next budget year. She did not imagine Council would come up with the total amount of funds requested for the Child Care Center, but it could still be a large amount of money. She preferred to retain flexibility to respond to other opportunities and still maintain reserves at a reason- able level. AMENDMENT: Mayor Woolley moved, seconded by Sutorius, to not accelerate the Greer Park Project by one year. Council Member Fletcher had not heard a big clamoring to accelerate the Greer Park Project probably because the ini- tial development of the park already occurred and it took care of the immediate needs. She was not against developing Greer Park, but the sooner it was developed, the sooner staffing would be required to maintain it. She preferred to leave the extra money in the reserves until the next budget year. AMENDMENT FAILED by a vote of 3-6, Sutorius, Woolley, Fletcher voting "aye.!' Vice Mayor Sp:torius referred to the Municipal Fee Schedule, and the $1 entrance fee to Foothills Park by pedestrians or bicyclists. He queried whether there was an easy way where children under age 16 walking or biking in could be charged a lesser fee and still not have it be an administrative nightmare. Mr. Zaner said it did not sound like a major problem. AMENDMENT: Vice Mayor Sutorius moved, seconded by Bechtel, to amend the Municipal Fee schedule to eliminate the entry fee for pedestrians and bicyclists 15 years of age or less. SUBSTITUTE AMENDMENT: Council Member Pa t i tucc i moved, seconded by Fletcher, to eliminate the entry fee for pedes- trians and bicyclists and charge only motor vehicles the $2 fee. 57-402 6/22/87 Council Member Patitucci said it seemed to add an adminis- trative headache. The automobiles all had to go by one point and were easy to administer. Council Member Fletcher was pleased to second the substi- tute amendment. When she went to Foothills Park, she often saw cars with si>, people in it, and it did not seem right that every individual on a bicycle should be- charged and every individual in the automobile was not. If pedestrians had to pay, they would just sneak in the back way. Council Member Klein opposed the substitute because he believed it would create a parking problem. He foresaw people wanting to save $2 and parking 50 . or 100 yards down Page Mill Road. The purpose of the fee was to pay for the new dam and the use of the park. Once people were in the park, the usage was the same whether they arrived by foot, car or bike. He urged defeat. Council Member Bechtel concurred. SUBSTITUTE MOTION FAILED by a vote of 3-6, Woolley, Fletcher, Patitucci voting "aye.' AMENDMENT PASSED unanimously. MOTION AS AMENDED PASSED unanimously. RECESS FROM 9:35 p.m. TO 9:50 p.m. 5. FINANCE AND PUBLIC WORKS COMMITTEE RECOMMENDATION RE CITY AUDITOR WORK PLAN FOR FISCAL YEAR 1987-88 (108) MOTION: Council Member Klein for the Finance and Public Works Committee moved approval of the City Auditor Work Plan for Fiscal Year 1987-88 with the amendment removing Asset Inventory - Information Resources and adding Reserve Account Analysis. MOTION PASSED unanimously. 6. FINANCE AND PUBLIC WORKS COMMITTEE RECOMMENDATION INVESTMENT POLICY FOR 1987-88 (CMR:259:7) (407-02) RE MOTION: Council Member Klein for the Finance and Public Works Committee moved approval of the Investment Policy for 1987-88, with one suggested change in language clarifying the type of mutual funds the City invests in. 57-403 6/22/87 Herb Borock, 2731 Byron Street, said when Council last revised the City's Investment Policy in 1985, a prohibition on investments in financial institutions doing business in South Africa was included. He suggested Council clarify its previous directive to.staff that the City of Palo Alto was prohibited from depositing, investing, or using City funds in corporations and mutual funds that did business with South Africa and Namibia. He believed such uses of City moneys -with mutual funds, which included investments in any prohibited organization, should be forbidden. A list of such mutual funds were readily available. He pointed out that Citicorp recently announced its withdrawal from South Africa because cities prohibited deposits in Citicorp as long as it stayed in South Africa, and Palo Alto was one of those cities. The prohibition in the investment policy seemed to be working as intended. Regarding whether any Council Member had a potential conflict of interest in adding mutual funds and corporations to the prohibitions, he believed the facts demonstrated they did not. The staff report said only certain types of funds could be invested in mutual funds and only certain types of restricted City accounts. In terms of votes, a majority of those chosing to vote was needed to add all kinds of corporations to the restrictions on investing City funds. He urged Council to direct staff to prohibit investments of City money with cor- porations and mutual funds doing business with South Africa or Namibia which included, in the case of mutual funds, their portfoio including any of the prohibited organiza- tions. Director of Finance Mark Harris referred to page 3 of.the Investment Policy, which spoke to the South African invest- ment policy, and said with the addition and clarification of new investment types, any further clarification would be redundant. Council Member Levy was concerned about the statement of a specific yield objective as part of the overall policy and the specific investment strategy. The yield objective of 8 percent was qualified and he believed better. He referred to page 5 of the Investment Policy where the 8 percent was stated as one of the three objectives stated under "Yield." He preferred to see the item changed and given a different priority rating. Currently, the 8 percent was listed under the first item under "Yield." He believed the 8 percent was really -a goal rather than a statement of policy and could change quickly' if the nature of -the general prevailing interest rates in the community changed. 57-404 6/22/87 FOR SOFTWARE AMENDMENT: Council Member Levy moved, seconded by Patitucci, to amend the first point under "Yield" on page 5 of CMR:259:7 to read as follows: "It is anticipated that :.the return for 19x7-88 will exceed 8%." Further, that it be Made the third point under "Yield' rather than the first. Mr. Harris understood. The amendment would not change staff's posture of shooting for safety and liquidity. Mayor Woolley queried whether Mr. Harris said no, they just AMENDMENT PASSED by a vote of the points were prioritized. appeared as guidelines. 8-1, Woolley voting "no." MOTION AS AMENDED PASSED unanimously. 7. RESOLUTION 6625 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO CALLING ITS GENERAL MUNICIPAL ELECTION Cad' COUNCIL MEMBERSL REQUESTING THE SERVICES OF THE REGISTRAR OF VOTERS, AND ORDERING THE CONSOLIDATION OF SAID ELECTION (705-87-04) MOTION: Council Member Renzel moved, seconded by Sutorius, approval of Resolution 6625. MOTION PASSED unanimously. 8-24. CONTRACT ITEMS MOTION: Council Member Bechtel moved, seconded by Klein, approval of Items 8 through 30. 8. CONTRACT WITH HEWLETT PACKARD FOR COMPUTER MAINTENANCE (CMR:328) (270) 9. CONTRACT WITH HEWLETT PACKARD FOR SOFTWARE SUPPORT MAINTENANCE (CMR:329) 270-02) 10. CONTRACT WITH NCR CORPORATION MAINTENANCE (CMR:330) (270-02) 11. CONTRACT WITH NCR CORPORATION FOR COMPUTER HARDWARE MAINTENANCE (CM R:331) (270) 12. AGREEMENT WITH MARGUERITE SHUTTLE SERVICE FOR STANFORD UNIVERSITYNCITY OF PALO ALTO EXPRESS BUS DEMONSTRATION PROJECT (327:7) (Ct4R:1162) HARDWARE SUPPORT 57-405 6/22/87 13. PROJECT MOBILITY - CONTRACTS WITH PALO ALTO YELLOW CAB COMPANY, BAY AREA CAB LEASING COMPANY AND ST. CLAIR TRANSPORTATION COMPANY FOR WHEELCHAIR ACCESSIBLE VAN SERVICES (CMR:335:7) (1165-01) 14. CONTRACT WITH THE CITY OF SANTA CLARA FOR USE OF PISTOL RANGE FOR FISCAL YEAR 1987-88 (CMR:299:7) (1202) 15. CONTRACT WITH SYSTEMS FOR PUBLIC SAFETY FOR POLICE BACKGROUND INVESTIGATIONS FOR FISCAL YEAR 1987-88 (300:7) (1205) 16. CONTRACT WITH JACQUELINE KUBAL FOR PROFESSIONAL SERVICES OF ANIMAL SERVICES VOLUNTEER COORDINATOR FOR FISCAL YEAR 1987-88 (CMR:302:7) (1051) 17. AMENDMMENT NO. 3 TO CONTRACT 4422 WITH SUE WALIMA FOR PROFESSIO AL SERVICES OF HEALTH RESOURCES COORDINATOR FOR FISCAL YEAR 1987-88 (304:7) (520) 18. CONTRACT WITH SOBEL-KNIGHTt INC. FOR RECRUITMENT ADVERTISING SERVICES FOR FISCAL YEAR 1987-88 (CMR:324:7) (502) 19. AMENDMENT NO. 8 TO CONTRACT 4017 WITH PALO ALTO 1987-88 COMMUNITY CHILI} CARE, INC. FOR FISCAL (CMR:307:7) (1035) 20. AMENDMENT NO. 1 TO CONTRACT NO. ASSOCIATION FOR THE RETARDED/ INC. FOR FISCAL YEAR 1987-88 (CMR:306:7) (1030) 21. AMENDMENT NO. 6 TO CONTRACT 4164 WITH PALO ALTO ADOLESCENT SERVICES CORPORATION FOR FISCAL YEAR 1987-88 (CMR:308:7) (1036-1) 22. AMINDMENT NO. 5 TO CONTRACT 4231 WITH' MID -PENINSULA CITIZENS FOR FAIR HOUSING, INC. FOR FISCAL YEAR 1987-88 (CMR:311:7) (412-02) 23. AMENDMENT NO. 5 TO CONTRACT NO. 4328 WITH PALO ALTO INFORMATION AND REFERRAL SERVICES FOR FISCAL YEAR 1987--8$ (CMR:310:7) (412-02) 24. AMENDMENT NO. 6 TO CONTRACT NO. 4165 WITH MID -PENINSULA SUPPORT' NtTWORK FOR FISCAL YEAR 1987-88 (CMR:309 : 7 ) (1030) AREA YEAR 4641 WITH COMMUNITY 57-406 6/22/87 25. AMENDMENT NO. 9 TO CONTRACT NO. 4019 WITH SENIOR COORDINATING COUNCIL OF THE PALO ALTO AREA, INC. FOR FISCAL YEAR 1987-88 (CMR:312:7) (412-02-03) 26. AGREEMENT WITH CULTURAL CENTER GUILD FOR PROJECT HORFISCAL YEAR 1967-88 (CMR:319 :7) (1301) 27. AMENDMENT NO. 4 TO CONTRACT NO. 4327 WITH PALO ALTO HOUSING CORPORATION FOR LOW AND MODERATE INCOME HOUSING SERVICES FOR FISCAL YEAR 1987-88 (CMR:320:7) (412-02-03) LOOK! 28. AMENDMENT NO. 1 TO CONTRACT NO. 4639 WITH URBAN MINISTRY OF PALO ALTO FOR ADMINISTRATIVE FUNDING OF PROGRAMS FOR THE HOMELESS FOR FISCAL YEAR 1987-88 (CMR:326:7) (412-02-03) 29. HUMAN SERVICES CONTRACT FOR EMERGENCY HOUSING CONSORTIUM OF SANTA CLARA COUNTY TO SUPPORT TEMPORARY HOUSING AND SUPPORTIVE SERVICES TO HOMELESS RESIDENTS OF PALO ALTO FOR FISCAL YEAR 1987-88 (CMR:332:7) (412-02-03) 30. AMENDMENT NO. 1 TO CONTRACT 4681 WITH PALO ALTO UNIFIED SCHOOL DISTRICT/CITY OF PALO ALTO YOUTH COUNSELING PROJECT FOR FISCAL YEAR 1987-88 (CMR:333:7) (1341-01) MOTION PASSED unanimously. 31. THERMAL INSULATION FINAL TEST RESULTS AND .RECOMMENDA- TIONS (CMR:294:7) (1410--01) - MOTION: Vice Mayor Sutorius moved, seconded by Woolley, approval of the staff recommendation as follows: 1. Authorize up to $150,000 to inspect and correct defi- ciencies in all hoes insulatedwith cellulose through the City's home weatherization program; 2. Authorize suspension of previously authorized insulation removal activities; and 3. Direct staff to return to Council with a recommendation after a waiting period of up to nine months. Council Member Patitucci clarified Council was being asked to appropriate $150,000 outside of the budget, .to inspect more of what probably did not meet federal standards. He queried why anything needed to be 'done. 57-407 6/22/87 Director of Utilities Richard Young said the inspection was not to examine the quality of insulation, but rather the quality of the installation. Staff needed to ensure 100 percent of all work performed would stand up to the stan- dards for installation so there was no potential hazard. Staff did not want to take any risks in terms of having insulation against hot fixtures which could potentially cause a problem. There was a strong likelihood there was nothing to be concerned about, but staff needed to be sure. Council Member Patitucci queried whether the installations were inspected when they were completed. Mr. Young said they were inspected on a statistical basis where 20 percent of the installations were checked and any required corrections were made at that time. The other 80 percent were not checked except on a statistic basis, i.e., the installations done met a certain standard and had a certain failure. Council Member Patitucci was concerned the $150,000 would be a worthless appropriation. He queried whether it was cor- rect that serious problems with insulation would probably surface within months of the installation if it was in- stalled next to flammable kinds of electrical outlets. Mr. Young said generally he would concur but he would not want to expose the City to more risk than necessary and from that standpoint was willing to go forward with a program of inspection. Council Member Patitucci said if the City :vent forward with the inspection program and found deficiencies, they would have to be corrected. If the City went forward with an inspection program and found nothing and_then something hap- pened, there would be a greater liability. He believed the City should save the $150,000 and wait for someone to sue. It seemed to be an 'overly cautious method of solving a problem which did not clearly exist. While he was not a technician in the area, he did not believe it could be said that all installations were bad or that the material was bad. He could not support spending $150,000 on something not proven to be a problem. Council Member Levy asked how many homes were involved. Mr. Y<: jug said about 850 homes. 57.408 6/22/87 Council Member Levy clarified 20 percent of the homes were already inspected and queried whether data showed what was found and what changes had to be made. Residential Services Coordinator Debra Katz said between 10 and 30 percent had something which needed to be corrected. Council Member Levy asked whether the data had been ana- lyzed. Ms. Katz said no. Council Member Levy said 20 percent was a high statistical sample and he assumed the remaining 80 percent would provide the same results. Ms. Katz said probably so. The program actually looked at automatically inspecting a random 10 percent, and if inspec- tion was requested by a customer, inspection would also be done. Council Member Levy asked from where the funds would come. Mr. Young said it was an energy services oriented program and would come from the gas fund. It would come from the rates, what was already budgeted, and in the end it would come from contingency or reserve. SUBSTITUTE MOTION TO REFER: Council Member Levy moved, seconded by Patitucci, to refer the Thermal Insulation Final Test Results and Recommendationz, to the Finance and Public Works (F&PW) Committee. Council Member Patitucci said to sample the installation rather than the in:suiation seemed to be a shift in objective from what it was. City Manager Bill Zaner had no problem with the referral but said the real problem was one of risk inalysis. Staff con- sidered there to be an uncertain risk in that it waa unknown whether the installation of the material, which might be faulty, was appropriate. Random sampling revealed problems in some cases. It was a simple question as to whether the City wanted to assume the risk that there might be something wrong in the other 640 homes or lessen the chance of some- thing happening by spending the $150,000 and going out and looking. It was a policy quetion and one which was appro- priate for Council to decide. Mayor Woolley understood staff wanted to look at every house because the staff report (CMR:294:7) said a notice would be posted near the attic entrances. Mr. Young said i t would have to be followed up on the homes that were not inspected. The concept was that an inspection would be closed with a slicker that would be assistance to anyone who might have a concern about entering the attic and disturbing the installation. Council Member Renzel believed it was a matter of how big a risk the City wanted to take. If one house burned because of the insulation, the City was apt to be heavily liable. On the other hand, many citizens would have read or knew the insulation did not pass f_lammability_.standards and would be concerned about the risk to their home. If Council Members had the insulation in their attics, they would probably look differently on the matter. For peace of mind to both the residents who used the program and the City's Risk Manager, it made good sense, even though it was a lot of money, to go ahead with the program. The downside risk was enormous and it might be a $190,000, $500,000 or $800,000 house which burned down. The risk was substantial and it only took one. Futhermore, if any of the houses happened to burn for some other reason, the City was likely` to be named in .liability although it might not have been the insulation simply because the insulation had not passed the standards. She believed the testing was a prudent course of action. Council Member Cobb asked whether Council posed more of a risk by referring the matter to the F&PW Committee. Anthony Bennetti, Senior Assistant City attorney did not believe it posed an undue rick as long as the F&PW Committee considered the matter and made a decision. He did believe it was a policy question and if Council needed some . time to determine what their policy should be, F&PW Committee was an appropriate place to do so and get the matter back to Council for a decision. Council Member Cob asked if the matter could be further quantified, Mr. Bennetti said certain installation problems --keeping light wells clear, : keeping the insulation away from electric wires, etc. --became a little more significant when con- sidering that the material was likely to fail a flammability test, .and it would be nice to know that the installations were done correctly. There was some comfortto be taken in the passage of time; but on the other hand, there. might be problems which had not had time to occur and which could be prevented. The risks were fairly apparent. 57-410 6/22/87 Council Member Cobb clarified it was an installation spe- cific problem as opposed to a materials problems, i.e., the installations had to be reviewed not just take a piece of material out and measure it. Mr. Young:. said that was correct. Staff did all the flam- mability testing necessary. Council Member Cobb asked whether it would be possible between then and when the F&PW Committee considered the matter to provide Council with some idea of how extensive the measures needed to be. Mr. Young said staff had considerable information on the tests related to the flammability factor, and the installa- tion tests would follow a basic pattern ot inspecting for the heat sources that might be in a normal attic space. Other than that, i t would be a matter of the results of the tests already run and inspections made. Vice Mayor Sutorius clarified the costs to do the "inspect and correct" only alternative would be between $65/000 and $150,000. While staff was requesting authorization up to $_150,000, experience was not such to make a closer estimate of what it might likely bee He did not know what else would oe revealed in the F&PW Committee which was already covered through the memoranda and analyses. He was relieved that such a recommendation was before the Council then as opposed to the potential when looking at the subject earlier. Pos- sibly between then and the F&PW Committee consideration, a sample of about ten .installations could be made and Council would have a little additional data to indicate how many installation -type problems were encountered. Regardless, it seemed the City would want to get to every one of the houses to assure that notification was at the head -end of the attic. He would not support the referral. Council Member Bechtel concurred with Vice Mayor Sutorius. Council Member Klein said it was a close question but believed it might be useful for the F&PW Committee to hear from members of the industry. The waters were uncharted and any help might :ne useful, He was concerned about spending $150,000 on something he did not bel.iev.e would be very use, ful; on the other hand,; if the testing would do some good and limit the City"s liability, he would support it. He wanted more information. 57--411 6/22/87 Council Member Fletcher believed an industry person could be relied upon to support the safety of the product. She did not see much useful information being generated by a refer- ral. Council Member Patitucci said the schedule of installations went back to 1978 which meant some installations had been in almost ten years. If an installation went ten years without a problem, he wanted to hear from someone about what type of situation created risk. There might be the possibility of a reduced program where instead of inspecting 100 percent, the City could inspect those installations done in the last three years with the idea that if the installations were wrong, something would have happened already. He asked how much insurance could be purchased with $150,000 or $75,000 in order to cover the risk in another way. It would be appropriate for the City's Risk Manager to attend the F&PW Committee meeting. Council Member Bechtel believed any industry representative would have biases and she was unsure Council would gain additional information. Council Member Renze_1 was not prepared to say she wanted to just insure and pay for someone's house which might burn down. Insurance might cover the situation financially, but on the other hand, Council might be exposing someone to tremendous personal loss which was not compensated with a money settlement. Council Member Levy believed a referral was appropriate so questions could be asked more diligently. Many of the ques- tions were asked but the answers were almost "seat of the pants." If Council considered the matter in greater detail as was the normal process, it gave the $150,000 item the coverage necessary. Mayor Woolley supported the referral.,. Council was unfamil- iar with the area and had not had to make decisions regarding how much risk it was willing to take. It was more and more expensive to be covered 100 percent and it was time to put some thinking into ways of handling risks and how much the City should cover itself and when to take a chance. SUBSTITUTE NOTION TO . REFER PASS? by a vote of S-3, R/asol, Bechtel,,Satorino voting °no.:• 57-412 16/22/87 As corrected 7/27/87 32. REVIEW OF MEASURE TO INCREASE APPROPRIATIONS LIMIT - ARTICLE XIIIB OF ' THE CALIFORNIA CONSTITUTION (PROPOSITION 4) (CMR:321:7) (705-87-08) Bob Moss, 4010 Orme, was concerned about how staff arrived at its figure,. If the voters were going to be asked to authorize an increase in the Gann limit, they should be able to rationally justify and clearly identify the numbers. The $5.5 million figure was derived by taking the Utility User's Tax revenues and adding about 3 percent. The staff report (CMR:321:7) referred to how the City suffered about a 1 percent shrinkage per year, and since it was a four-year authorization, the request should be for 4 percent in order to keep the same margin. There were certain revenues the City received, i.e., Community Development Block Grant (CDBG) money, which he understood were not subject to the limits of Proposition 13 because it specifically excluded money from outside sources such as the federal government. He bel' ieved the Gann amendment also excluded those revenue sources. It looked as if cities would receive substantially less from the federal government in the next few years, and if that was the case, he queried how that money would be replaced and whether all of the programs presently funded by that money would be immediately eliminated. He queried whether there should be an increase in the Gann limit to permit the City to replace the money by whatever means pos- sible. He also questioned whether the City should consider accelerating replacement of capital facilities, for examine, cutting the . replacement cycle on streets and highways in half and doing more work on sewers and storm drains. He queried whether they would be looking at how much money would be needed for capital replacement and factor that into the increase in the Gann limit. When talking about funding a child care center downtown, he queried where it would fit under the Gann limits. He referred to additional staffing for paramedics and hazardous materials and he queried whether staff should be looking at those types of services and whether more police would be required. If a case could rationally be made for providing more services, facilities, or an accelerated repair of capital facilities, it should be done and added to the existing Gann limit to come up with a number which was supportable to the community at large. He believed such a process would do a better job of convincing the public that the City rationally evaluated what Was needed and why. He urged Council not just go ahead with a rote formula of what was needed without clearly explaining where the figures came from and why they were needed. 57-413 6/22/87 City Manager Bill Zaner said in real terms raising the Gann limit had nothing to do with service levels. It was an appropriations limit --not an expenditure limit. It limited the amount of funds Council may appropriate irrespective of how much revenue it had. There might be millions of dollars available which could not be appropriated. He believed an argument could be made for almost any level within reason for the Gann Initiative. Staff believed $5.5 million was a reasonable number which accommodated the estimated amount for the Utility Users Tax and should it be a little higher, appropriation would still be within the limits of $5.5 million and it provided the City a little flexibility should some of the other revenues change. Council could make a rational judgment for $6 million. $6.5 million, $7 million, or $5.5 million. Staff believed $5.5 million was a good n umber. MOTION: Council Member Bechtel moved, seconded by Woolley, to increase the City's appropriation limit subject to Article XIIIB of the State of California Constitution by $5.5 million for. the fiscal year 1987-88 to be placed on the November 3, 1987 ballot. Council Member Levy said it seemed embodied in the recom- mendation were figueee relating to the Utility Users Tax and then other figures. If staff was just holding to the Utility Users Tax, he queried what number would be comfort- able. Mr. Zaner said if Council was just dealing with the Utility Users lax, he would recommend moving up $4.35 million to cover estimated revenue from -the Utility Users Tax and still retain the existing margin. Council Member Levy asked whether the $4.35 million would cover any margin of error in estimating receipts. Mr. Zaner said no. If staff was off, Council would begin to eat into the present $3 million cushion. Council Member Levy was concerned about mixing two things when the City went to the voters. The reason the measure was being brought before the voters was because of the effect of the Utility Users Tax. He wanted to tie the recommendation to the Utility Users Tax so it was clear in the public's mind why their votes were being sought. He asked for a suggested number which would provide some margin of error in misestimating but to still tie it to the Utility Users Tax. 57-414 6/22/87 Mr. Zaner said he would remain with $5.5 million. Staff believed the $4.35 million estimate was close. AMENDMENT: Council Member Levy moved to change the figure to $4.75 million. AMENDMENT DIED FOR LACK OF A SECOND Council Member Patitucci asked if once the amount was esti- mated, it got added to the base and then escalated with the base. Mr. Zaner said yes. A formula was built into the law. Council Member Patitucci said the City currently had a $3 million cushion and he asked about the expectation of when it would be exceeded given the most recent estimate.. Mr. Harris said two to three years depending on what hap- pened in the',economy; i.e., the inflation factor and local revenue. For three years, the City's revenues were rela-- tively flat and while it was not good fiscally, it!helped in relation to the Proposition 4 limit. Next year or the year after it might be that Silicon Valley economy roared and it was a question of flexibility. If the economy roared and sales tax went up.5 or 10 percent above the inflation rate, it was a question of whether Council should have the ability to spend it, send it .back to the taxpayers, or whether Proposition 4 automatically kicked in which provided no flexibility. Council Member Klein found the staff's recommendation to be persuasive. The seemingly new found devotion to the Gann limit was extraordinary, especially since the City of Palo Alto voted against Gann. It was hardly the only protection the citizens had and i t was well recognized when it was defeated. Palo Alto citizens indicated that its City Council was to be trusted with how it managed the fiscal affairs of the City of Palo Alto and the voters did nut like the inflexibility of the misguided Gann initiative. He did not feel the rigidity was at all required. He believed the stiff's numbers could be appropriated in many different, ways, but an easy way to explain it would be for example, the revenues and the amount to be paid out to the School District, and also the amounts the City would be required to be laid out for road improvements and sidewalk improvements, etc., expanded at a rate 6 percent faster than the Gana limit, if _one just took $4.35 million and cormpounded'it at -6 Pereent a year for three years, there was over $5 million, which was close enough to him to $5 million to justify_ it as an appropriate number. 57-415 6/22/87 MOTION PASSED unanimously. 33. REVIEW OF UTILITIES TAX ORDINANCE (705-87-08) Mayor Woolley announced that she would not participate in the item due to a conflict of interest. Anthony l3ennetti, Senior Assistant City Attorney, said City Attorney Diane Northway suggested the City Attorney be allowed some flexibility to do some fine tuning on the language before the ordinance was returned for final adop- tion on July 13, 1987. It war asocnt; a'' Y ready to go as it t+v v u...waa J.M l i stood. Lou Fein, 1540 Oak Creek Drive, said the United States Supreme Court recently rejected, as unconstitutional, a Louisiana statute which required Louisiana public schools to teach creation science if that school also taught evolution. The proponents of the statute argued that their purpose was secular --not religious. They wanted to teach chili=ren a balanced viewpoint concerning two competing scientific theories on the origin of the earth and life. The Court disagreed and called the "secular" claim a sham. The real purpose said the Court was religious to introduce religious dogma into'the schools which constituted the establishment of religion which violated the "establishment clause" of the First Amendment and, therefore, was unconstitutional He believed the stated purpose in Section 2.35.050 of the pro- posed ordinance of the Utility Users Tax was a sham and should be rejected as written before a Court or the voters rejected it. The sham was that in actuality it was a spe- cial purpose tax disguised as a general purpose tax. - The reason for the sham was' obvious and acknowledged. A special. purpose tax required two-thirds votes in order to pass and a general purpc se tax required a majority vote. The ordinance stated that the tax was imposed for general governmental purposes of the City and than proceeds would be placed in the General Fund with no particular purpose to which the proceeds would .be put. He believed the $3 plus million per year - of the tax was obligated to the Palo Alta Unified School District (PAUSD) foe the specific, announced, and publicly acknowledged special purpose of -funding the argu- ably false PAUSD deficit of $3 plus million for the next 15 years in order to maintain or enhance programs. He ` pointed .out that Mayor Woolley, an employee of the PAUSD, was not disqualified from site .ing . in her chair then and at previous Meetings when the issue was discussed because it was a gen- eral purpose tax and not directed to the main special purpose. -of funding the: PAUSE. The PAUSD appointedea tax committee who voted 12-11 in favor of a . Util ity Users Tax 57-416 6/22/87 over a Parcel Tax including the amount of money to b- raised for the purpose of funding the PAUSD deficit by either alternative He could not believe that a campaign committee appointed partially by the City and partially by the PAUSD to push the Utility Users Tax demonstrated the tax was unrelated to the special purpose of funding the PAUSD.' He referred to Section 2.35.030 and said an honor statement in the proposed ordinance rather than the presently proposed sham statement would be: "The tax imposed by this chapter i s for the special purpose of raising revenues to fund the $3 million plus of projected Palo Alto Unified School District deficits for the next 15 years and for maintaining the City infrastructure such as sewers and sidewalks. All of the proceeds from the tax shall be placed in the Special Fund for these special purposes." He believed to not make that statement would leave the City Council legally vulner- able and endanger the election's success. The trust of the electorate and the Council would not be enhanced if Council supported such a disingenuous sham. He suggested the ordi- nance be sunsetted for 15 years. Vice Mayor Sutorius confirmed the language related to the service provider would cover the situation where about one-- half dozen subscribers physically within the city limits of Palo Alto who were not served by the City's electric utility but rather PG&E would enable the proper coordination with PG&E so those subscribers within the City of Palo Alto would, in fact, be .subject to the tax. Mri. ` Bennetti said yes. Vice Mayor Sutorius said the content of the proposed ordi- nance, subject to any necessary fine tuning, met the interest and will of the Council. 34. INITIATIVE PETITION FOR A PROPOSED ORDINANCE RE LEAF BLOWER CONTROL (705-87-08.) MOTION: Council Member Patitucci roved, seconded by Fletcher, to adopt the proposed amendment to the City's ordinance contained in the initiative petition. Council Member Cobb believed where the proper number of signatures were obtained to put a matter on the ballot, Council was obliged to do so no matter how it might feel about i t . He opposed the Nuclear Free Zone Initiative but was obliged to vote in favor of placing the matter on the ballot and would do the same with the Leaf Blower Control. He did not believe Council knew how the public felt --only that the requisite number of the registered voters reigned the petition. 57-417 6/22/87 Council Member Fletcher said the matter arose out of com- plaints regarding noise of leaf blowers. The proposed ordinance addressed the problem in a simple, straightforward manner and was limited to lea, blowers rather than involving other equipment. She believed Council should have origi- nally dealt with the matter in that manner. MOTION FAILED by a vote of 3-6, Renzel, Fletcher, Patitucci voting Faye." MOTIONS Council Member Bechtel moved, seconded by Woolley, to direct the City Attorney and City Clerk to include the proposed ordinance in the resolution to be brought to the Council on July 13, 1987, calling a:Special Election to be consolidated with the General Municipal Election, to be held in Palo Alto on Tuesday, November 3, 1987, and submitting said ordinance to the electorate. MOTION PASSED unanimously. 35. ORDINANCE CREATING LIMITED EXCEPTION FOR HOURS OF SOLICITATION APPLICABLE TO SOLICITORS ANI) PEDDLERS ( 409 ) MOTION: Council Member Levy moved, seconded by Fletcher, approval of the proposed ordinance for first reading. ORDINANCE FOR FIRST READING entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTER 4.10 OF THE PALO ALTO IUNICIPAL. CODE BY ADDING A NEW SECTION THERETO, SECTION 4.10.051., CREATING A LIMITED EXCEPTION TO REGULATIONS REGARDING HOURS OF SOLICITATION APPLICABLE TO SOLICITORS AND PEDDLERS" AMENDMENT: Council Member Patitucci moved, seconded by Cobb, that in no event given the hours of solicitation would solicitation occur after sunset or 8:00 p.m., whichever occurred first. Mr. Bennetti suggested the wording be *between the hours of 6:00 p.m. and 8:00 p.m., or sunset, whichever occurs earliest.* - Council Member Fletcher said if the amendment oas9ed, it would effectively cut Off solicitation for one-half a year. People would be getting prior notice and if they did not want to answer the door after sunset, that was possible. She opposed the ordinance. 57-418 6/22/87 Bob Moss, 4010 Orme, opposed the amendment. In December, sunset occurred as early as 5:00 p.m. The amendment effectively eliminated visits during the months of November, December and January, because people did not get home and were not available before 5:30 p.m. or 6:00 p.m. If the intent was to permit soliciting under the specific restric- tions outlined in the ordinance for a couple of extra hours, it should be done. The intent of the request to extend the hours would not. be accomplished by including the word "sunset." AMENDMENT FAILED by a vote of 2-7, Cobb, Patitucci voting waye.* MOTION PISSED by a vote of 7-2, Cobb, Patitucci voting wno." 36. REQUEST OF MAYOR WOOLLEY RE CANCELLATION OF JULY 6, 1987 CITY COUNCIL MEETING MOTION: Mayor Woolley moved, seconded by Klein, to cancel the City Council meeting of July 6, 1987. MOTION PASSED unanimously. ADJOURNMENT Council adjourned at 11:00 p.m. ATTEST: APPROVED: Mayor 57-419 6/22/87