HomeMy WebLinkAbout1987-09-28 City Council Summary MinutesCITY COUNCIL
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PALO ALTOCITYCOUNCIL MEETINGS ARE BROADCAST LIVE VIA KM- FREOUENCY90.1 ON FM DIAL
Regular Meeting
September 28, 1987
ITEM
Oral Communications
1. Appointments to the Mid -Peninsula Access
Corporation
2. Appointments to the Architec.turat Review
Board (ARB)
3. Environmental Protection Agency (EPA)
Region IX Excellence Award for 1987 -
Regional Water Quality Control Plant
4, Santa Clara Valley Water District - Flood
Control Improvements for Adobe, Matadero,
and Barron Creeks:- 1987-1992
PAGE
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58-315
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58-317
Consent Calendar 58-319
5. Contract with West Valley cionstruction for 58-319
Galvanized water Services Replacement
b. Contract with Diamond Industrial Security 58-319
Corporation for Installation of Civic
Center Security System
7. Agreement with Santa Clara Valley Water 58-319
District - San Francisco Bay Plan
Implementation
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ITEM PAGE
11. Ordinance 3768 Amending Chapter 9.14 of 58-320
the Palo Alto Municipal Code to Add Pro-
sions Prohibiting Smoking in Public Areas
of Retail Stores, Personal Service Busi-
ness, Nonprofit Entity Offices, General
Business Offices and Professional Offices,
as -well as Buses and Bus Waiting Lines,
Train Shelters and Transportation Termi-
nals
Agenda Changes, Additions, and Deletions
12. Human Relations _Commission re Ongoing
Child Care Task Force
Closed Session re Litigation from 8:15 p.m. to
8:50 p.m.
12A. (Old Item 9) , Ordinance Approving Youth
Hostel Lease in Arastradero Preserve
12B, (Old Item : 10), Ordinance re. Zone Classi-
fication Change for Property Known as
Arastradero Preserve from Open Space to
Public Facilities
8. League of California Cities Annual Con-
ference Resolutions
Adjournment to a Closed Session re Litigation
at 9.11 p.m.
Final Adjournment at 9:28 p.m. ¢
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Regular Meeting
Monday, September 28, 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. Fletcher, Klein, Levy,
Patitucci, Renzel, Sutorius, Woolley
Mayor Woolley announced a Closed Session re Century Federal,
Inc., vs. City of Pala Altos et al., pursuant to Government
Code Section 54956.9(a) was held in the Council Conference
Room at 6:00 p.m.
Mayor Woolley announced a Closed Session re City of Palo
Alto vs. Arnold Spiro) et al., pursuant to Government Code
Section 54956.9(a) would be held after the greeting.
ORAL COMMUNICATIONS
Doug Couch, 560 Oxford Avenue, spoke about the 100th anni-
versary of United Way. He presented a plaque on behalf of
the Centennial Committee for the terrific job the City had
done for_the senior citizens in the community. He also pre-
sented the Mayor with a lapel pin made frpm a special stamp
published by the Postmaster of the United States.
1. APPOINTMENTS TO THE MID -PENINSULA ACCESS CORPORATION
(1141-02)
Mayor Woolley intended to vote or Michael Bucolo on the
first ballot and secondly, if he succeeded in being
appointed, for Donald Maya11.
Council Member Patitucci said he would abstain from voting
primarily for the reason that he did not believe the Mid -
Peninsula Access Corporation was a viable entity until they
resolved the issue of whether or not they could place the
requirements to fund the organization on the Cable Co-op or
any other cable system.
RESULTS OF THE FIRST ROUND OF VOTING
Assistant City Clerk Georgene Takayama announced the results
of the first ballot:
VOTING FOR. BUCULO: Bechtel, Cobb, Fletcher, Klein,
Levy, Renzel, Sutorius, Woolley
Ms. Takayama said Mr. Buculo received eight votes and was
appointed.
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Mayor Woolley congratulated Mr. Buculo on his appointment.
RESULTS OF THE SECOND ROUND OF VOTING
Ms. Takayama announced the results ofthe second ballot:
VOTING FOR MAYALL: Bechtel, Cobb, Fletcher, Klein,
Levy, Sutorius, Woolley
VOTING FOR MCKEE: Renzel
Ms. Takayama said Mr. Mayall received seven votes and was
appointed.
Mayor Woolley congratulated Mr. Mayall and hoped they would
have good success in getting some access programming on the
air in the near future.
2. APPOINTMENTS TO THE ARCHITECTURAL REVIEW BOARD (ARB)
(702-01)
Vice Mayor Sutorius said in order to avoid any confusion or
embarrassment he would vote in alphabetical order, first for
Jon Schink and then Linn Winterbotham. They both delivered
competent performances on the ARB, worthy of reappointment.
RESULTS OF THE FIRST ROUND OF VOTING
Ms. Takayama announced the results of the first ballot:
VOTING FOR SCHINK: Bechtel, Cobb, Fletcher, Klein, Levy,
Patitucci, Renzel, Sutorius, Woolley
Ms. Takayama said Mr. Schink ws appointed by unanimous
vote.
Mayor Woolley congratulated Mr. Schink on his appointment.
RESULTS OF THE SECOND ROUND OF VOTING
Ms. Takayama announced the results of the second ballot:
VOTING FOR WINTERBOTHAM: Bechtel, Cobb, Fletcher, Klein,
Levy, Patitucci, Renzel, Sutorius,
Woolley
Ms. Takayama said Mr. Winterbj tham was appointed by unani-
mous vote.
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As corrected
10/26/87
3. ENVIRONMENTAL PROTECTION AGENCY (EPA)_ REGION IX
EXCELLENCE AWARD FOR 1987 - REGIONAL WATER QUALITY
CONTROL PLANT (CMR:475:7) (1122-01)
Tom Cramer, Chief, EPA Region IX, honored the City of Palo
Alto and, in particular, the management and staff of its
Waste Water Treatment Plant with the region's highest award
for excellence in operations and management. Twelve plants
out of 3,000 plants would receive regional operations and
maintenance awards that year. Palo Alto had also been nomi-
nated for a national award and its chances looked very good.
The awards emphasized the importance the EPA attached to the
job performed by waste water treatment operators and manage-
ment. Since the passage of the federal Water Pollution
Control Act in 1972, more than $4 billion had been spent in
the region for waste water treatment construction. The
investment was made in partnership with local agencies.
Their common goal`• -,.was clean water, and one of the most
important ways they could work toward the goal was the
building and proper management of water pollution control
plants. I'-�e commitment of the Palo Alto facility to the
goal of clean water was reflected by the local financing and
by excellence in operations and maintenance. The achieve-
ments contributed towards the plant's exemplary record of
plant performance and compliance with strict permit require-
ments. The Palo Alto Waste Water Treatment facility was a
model for resource recovery and waste water treatment.
Located on the edge of the environmentally- fragile San
Francisco Bay and serving the Silicon Valley area, the
facility consistently achieved over 96 percent removal of
pollutants while providing even higher -quality reclaimed
water for the preservation of local aquifers. He listed the
many achievements and distinctions of the Palo Alto plant
and said the facility set an enviable standard of excellence
earning the first statewide Plant of the Year Award from the
California Water Pollution Control Association in 1986.
Mayor Woolley accepted the award on behalf of the City and
said she would like to share it with two very important mem-
bers of the staff: Director of Utilities Richard Young and
Manager, Water Quality Control, John Gibbs.
Mr, Young added his congratulations to the staff who did a
great job 24 hours a day. They were seldom heard from and
did not seem to attract much attention, but the award was
concrete evidence of how well thoy.did the job. The City
could be proud of their work.
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4. SANTA CLARA VALLEY WATER DISTRICT - FLOOD CONTROL
IMPROVEMENTS FOR ADOBEt MATA HERO, AND BARRON CREEKS --
1987-1992 (CMR:471 s 7) (1073
Assistant Director of Public Works George Bagdon said mem-
bers of the Water District were there to make a presentation
about a large construction package project that would affect
many residential areas and traffic. He introduced the
District Manager of the Santa Clara Valley Water District
(SCVWD) , John T. O'Halloran, and Supervisor, Engineering
Services, Dave Matson, who was staff liaison to the dis--
trict�.
Mr. O'Halloran said the SCVWD had been working closely with
the residents in the area and with staff and had numerous
meetings. In November 1986 an election was held in the area
because many residents convinced the SCVWD they did not want
to wait 20 or more years for some of the projects. The
election provided the funds to accelerate tremendously the
flood control program and prevent some of the flooding that
plagued citizens for a number of years. He introduced
District Design Engineer James Fiedler.
Mr. Fiedler said over the next five to six years some $30
million in flood control improvements were planned for con-
struction within the City of Palo Alto by the SCVWD. When
completed, the facilities would alleviate over $52 million
in one--hundred--year flood damages to the thousands of resi-
dents, commercial businesses, and public facilities. .Some
of the work had been under construction since 1986, and much
of what remained was under design. Specifically, the flood
control improvement programs within the City included work
in the following areas: $620,000 in construction costs for
the Palo Alto Flood Basin levee raising --already completed
--and a revegetation program to be awarded by the Board of
Directors the following day; $9 million in proposed con-
struction costs on Adobe Creek from the Flood Basin to El
Camino Real, which would be completed in 1989; over $21 mil-
lion in construction costs for Matadero Creek between Palo
Alto Flood Basin and Foothill Expressway, beginning in 1988
with completion in 1992 and including a Barron, Creek diver-
sion: and $400,000 in construction 9osts on Barron Creek
between the Bayshore Freeway and Louis Road. He showed
overheads of the extent of 1 -percent flooding in Palo Alto
which would be eliminated when the construction projects
were completed. Tidal flooding would not be alleviated.
Also shown were graphs of the construction phasing. He said
the SCVWD was working closely with City staff to resolve
remaining technical issues and continue its outreach program
to inform and get input from various citizens in the commun-
ity.
9/28/87
Sibyl Anderson, 704 Chimalus Drive, objected to the Barron
diversion and the construction of the 12 -foot culvet behind
the homes on her street.. Residents oit Chimalus Drive had a
number of problems with Varian for many years and had worked
with members of the City Council and Architectural Review
Board (ARB) to lessen them. At meetings, the SCVWD said
they would be only slightly affected for a brief period, and
now the period was about six months. They did not live in a
flood area and were concerned the project might put them in
a flood. They were also concerned nothing had been done to
protect the watershed to do something about the amount of
water going into the creeks. They felt a study should be
done of the watershed and work done above where the bypass
was planned. The additional stress of noise and fumes from
trucks, etc., would adversely affect people's health, and
they hoped alternatives could be found. She would submit
information to the Council and the SCVWD on behalf of a num-
ber of residents of Chimalus Drive.
Council Member Fletcher asked if staff and the SCVWD could
.work with the Barron Park Association (BPA) before final
plans were made to ensure everything was worked out ahead of
time.
Mt. O'Halloran said the SCVWD had meetings with the BPA and
with Ms. Anderson. In fact, before they returned to the
Council, they expected to have a recommendation from the BPA
to present to the Council along with their own.
Council Member Fletcher clarified the diversion was not all
finalized.
Mr. O'Halloran said no, the diversion had not been decided
yet. They had not held the necessary environmental and pub-
lic hearings, but it was the most viable alternative at
present, fOr a diversion to leave the creek in a natural
state.
Council Mea,.oer Fletcher was happy to hear a public process
would take place.
Vice Mayor SutOrius said Council Member Renzel was the`
adviOory member from the Council on the Flood Control Zone
advisory committee, and he was her alternate. The committee
:made a physical visit of the Adobe and iiatadero Creek areas
and viewed the construction under progress and the areas of
planned construction. They spent considerable .time in the
Varian parking lot behind Chimalus Drive seeing the current
physical situation, discussing the type of planning and the
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community outreach. He believed a very solid effort was
being made by the SCVWD with good monitoring and surveil-
lance on behalf of the citizens of Palo Alto, and he was
sure the processes would stay that way.
Bob Moss, 4010 Orme Street, said there had been four
meetings between the residents of Barron Park and the SCVWD.
The District people were very cooperative and helpful in
discussing the proposal. A number of modifications were
made to the original proposal as -a result of input from the
community. -The BPA sent. a letter to . the SCVWD with 12 spe-
cific questions, and he just received the last part of their
response. They intended to hold a meeting of the Creek
Committee to discuss the various alternatives and make a
recommendation to the BPA Board. Residents were welcome to
participate in all meetings and discussions. He expected
they would make a recommendation as to the pros and cons ' of
the various alternatives about the same time the preliminary
Environmental Impact Report (EIR) was released, presently
scheduled for November. There would be time for the entire
community to review the preliminary EIR and there would be
final hearings. He assured the Council they would try to
work with the community and get 'an excellent project.
CONSENT CALENDAR
Mayor Woolley removed Item 8, League of California Cities --
Annual Conference Resolution;. Item 9, Ordinance Approving a
Lease for a Youth Hostel to be Operated in the Arastradero
Preserve; and Item 10, Ordinance Amending Section 18.08.040
of the Palo Alto Municipal Code to Change the Zone Classifi-
cation of the Property Known as Arastradero Preserve from
Open Space to Public Facilities.
MOTION* Council Member Bechtel. moved, seconded by Levy,
approval of the Consent Calendar,
5. CONTRACT IN THE AMOUNT OF $110 770 WITH WEST VALLEY
CONSTRUCTION FOR GALVANIZED. WATER SERVICES REPLACEMENT
(CMR:474:7) (1120)
6. CONTRACT WITH DIAMOND INDUSTRIAL SECURITY CORPORATION
IN THE AMOUNT OFF$93, 860 FOR INSTALLATION OF
CIVIC
CENTER SECURITY SYSTEM .(CMR:474:7) (810-02)
7. AGREEMENT WITH SANTA CLARA VALLEY WATER DISTRICT - SAN
FRANCISCO BAY PLAN IMPLEMENTATION (CMR:472:7) (1501-01)
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11. ORDINANCE 3768 entitled "ORDINANCE OF THE COUNCIL OF
TI-IE CITY OF PALO ALTO AMENDING CHAPTER 9.14 OF THE PALO
ALTO MUNICIPAL CODE TO ADD PROVISIONS PROHIBITING
SMOKING IN PUBLIC AREAS OF RETAIL STORES, PERSONAL
SERVICE BUSINESSES, NONPROFIT ENTITY OFFICES, GENERAL
BUSINESS OFFICES AND PROFESSIONAL OFFICES AS WELL AS
BUSES AND BUS WAITING LINES, TRAIN SHELTERS AND TRANS-
PORTATION TERMINALS" (1st Reading 9/14/87, PASSED 8-0,
Cobb absent) (701-03/1401-02)
MOTION PASSED unanimously.
AGENDA CHANGES, ADDITIONS AND DELETIONS
City Manager BUJ Zaner._ said Item 9, Ordinance re Youth
Hostel would become Item 12A; Item 10, Ordinance re Zone
Change Classification for Arastradero Preserve would become
Item 12B; and Item 8, League of California Cities Resolu-
tions would become Item 12C.
12: HUMAN RELATIONS COMMISSION RE ONGOING CHILD CARE TASK
FORCE (701714) (CMR:481:7)
MOTION: Council Member Klein moved, seconded by
Patitucci, to adopt the Human Relations Commission recom-
mendation approving the proposal for development of the
Child Care Task Force.
MOTION PASSED unanimously.
COUNCIL ADJOURNED TO A CLOSED SESSION TO DISCUSS LITIGATION
RE ITEM 12A (OLD ITEM 9) FROM 8:15 .m. TO 8:50 p.m.
12A. (OLD ITEM 9), ORDINANCE APPROVING YOUTH HOSTEL LEASE
IN ARASTRADERO PRESERVE (701.03/1321-31)
12B. (OLD ITEM 10), ORDINANCE RE ZONE CLASSIFICATION CHANGE
FOR PROPERTY KNOi1N AS ARASTRADERO PRESERVE FROM OPEN
SPACE TO PUBLIC FACILITIES (701-03/1321-31)
MOTION: Council Member Bechtel moved, seconded by
Fletcher, approval of the ordinances.
ORDINANCE 3769 entitled 'ORDINANCE OF THE COUNCIL
OF THE CITY OF PALO ALTO APPROVING A LEASE FOR A
YOUTH HOSTEL TO BE OPERATED IN THE ARASTRADERO
PRESERVE' .(1st Reading 9/14/87, PASSED 6-2, Levy,
Patitucci "no," Cobb absent)
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MOTION CONTINUED
ORDINANCE 3770 entitled "ORDINANCE OF THE COUNCIL
OF THE CITY OF PALO ALTO AMENDING SECTION
18.08.040 OF THE PALO ALTO MUNICIPAL CODE (THE
ZONING MAP) TO CHANGE THE CLASSIFICATION OF THE
PROPERTY KNOWN AS ARASTRADERO PRESERVE FROM OPEN
SPACE (OS) TO PUBLIC FACILITIES (PF)" (1st Reading
9/14/87, PASSED 8-0, Cobb absent)
Council Member Patitucci asked the record to reflect a
vote on the ordinance approving the Youth Hostel lease.
MOTION DIVIDED FOR PURPOSES OF VOTING
Council Member Comb would not support the Youth Hostel
lease.
Mayor Woolley announced that she would not support the Youth
Hostel Lease. She did not feel the City was getting maximum;
use of the facility because of the stringent rules being
applied. She preferred the City provide itself with a City
road.
FIRST PART OF MOTION RE YOUTH HOSTEL LEASE PASSED by a
vote of 5-4, Levy, Woolley, Cobb, Patitucci voting "no."
Council Member Patitucci understood that the zone classifi-
cation change was independent of the lease in order` for the
City to use the property in _a more general way.
SECOND PART OF MOTION RE ZONE CHANGE TO PF PASSED unani-
mously.
8. LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE RESOLU-
TIONS (1540.07) (CMR:478:7
Resolution 1 - North Bay. Division; Bylaws Amendment
Council Member Fletcher said the Resolution had to do with
creating a new North : Bay Division of the League. The
present Redwood Empire Division extended from the Oregon
border to the Golden Gate Bridge, and geographically the -new
division would be much more practical by dividing the region
into. two. It would require an amendment to the bylaws which
required a two-thirds vote of the general assembly.
MOTION: Council . Member Fletcher moved, seconded by
Bechtel, that Palo Alto support approval of Resolution 1.
MOTION PASSED unanimously.
Resolution 15 - Clean Air
Council Member Fletcher said Resolution 15 dealt with the
Clean Air Act which. mandated sanctions for those regions
which had not met air quality standards. She_was uncomfort-
able not supporting the resolution because it sent the mes-
sage that Palo Alto was not interested in meeting the stan-
dards. There were provisions in the Clean Air Act which had
specific sanctions, the strongest of which cut off funds for
highways and transit. The basic message was that sanctions
were needed to make the bill effective.
MOTION: Council Member Fletcher moved, seconded by
Renzel, to support Resolution 15.
MOTION PASSED unanimously.
'Resolution 19 - Exemption for Subsidized Housing frcnn School
Impact Fees
Council Member Klein said on the surface the exemption
seemed like_a good idea since it should aid in the construc-
tion of subsidized housing. He queried why the policy
committee recommended opposition.
Assistant t.o the City Manager Vicci Rudin said the staff
recommendation was to support the recommendation from the
Housing/Community Development Committee.
MOTION: Council Member Klein moved, seconded by Woolley,
to take no position on Resolution 19.
Council Member Klein wanted input from the Palo Alto Housing
Corporation (PAHC) on the item for future reference.
Council Member Renzel appreciated the thrust of Council
Member Klein's concerns but heard from people in other com-
munities which were not as affluent as Palo Alto and not as
built out that they had a problem with getting adequate
schools. She was concerned areas with subsidized housing
might end up with inadequate schools.
Council Member Fletcher said the voting of the general
assembly was not until October 6, 1987, and she believed
Council could get input `from. the PAHC. She suggested a call
be made to the League staff to ascertain the rationale used
by the committee... She suggested the item be agendized for
October 5, 1987.
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Mr. Zaner agreed.
MOTION WITHDRAWN
Resolution 27 - Dimes Against Crime Initiative
Council Member Klein said the policy committee recommended
no action and City staff recommended approval. He was
troubled by taxes being earmarked for. specific causes which
otherwise would come from the general fund. He was con-
cerned that there be sufficient funds for law enforcement.
While he believed Palo Alto had sufficient funds allocated
in its budget, if the State levied a tax for the City's use,
he would vote to apply the money for other purposes if he
had the discretion to do so. Anytime such taxes were levied
and earmarked, the City's hands were tied and nothing else
could be done.
MOTION:. Council Member Klein. moved, seconded by Sutorius,
that the City's delegate vote to disapprove Resolution 27.
Ms. Hudin said the County Police Chiefs supported Resolution
27 and suggested it be brought to Council's attention
earlier. Staff opted to wait and see whether the issue
qualified for the ballot but that was precluded by its
becoming part of the resolutions proposed for the. League
conference.
Council Member Levy sat on the Santa Clara County Alcoholism
Control Board and was exposed to the problems of crime and
damages caused by drunk driving.and alcoholism throughout.
the County. He preferred to see staff's recommendation
upheld even though he was conceptually with Council Member
Klein in terms of earmarking taxes. In the particular
instance, the tak directly fit the need and --he preferred to
support Resolution 27,
Council Member Klein disagreed that the proposal was as
outlined by Council Member Levy.
Council Member Renzel agreed with Council Member Klein. If.
Council wanted to allocate more money to the. Police
Department, it shosld be done through the budget process.
She did not like specializing taxes.
MOTION PASSED by a vote of 6-2, Levy, Fletcher voting
"no," Patitucci absent.
Resolution... 28 Hazardous Equipment and Training Funding ,.
Council Member Klein said staff recommended that Council
support the amendment eliminating the word "equipment° and
li3
making it applicable only to training. There were refer-
ences in the staff report and in the resolution that there
were funds available for training at the State level, but he
had no information as to the amounts, how far below the
needed amount they were and what was needed. He did not
believe.he read enough information to take a position.
Ms. Rudin did not have actual dollar amounts, but according
to Chief Wall, first responder training was the top priority
and'adequate funds were not available. In terms of equip-
ment, Chief Wall did not believe there was a need tor
additional State moneys.
Council Member Klein asked for more information to be
brought to Council at the October 5, 1987, City Council
meeting.
Resolution 34 - Subvention to New Cities
Council Member Fletcher said staff suggested complex amend-
ments to the resolution and she was concerned that the time
to make such amendments was in committee.
Ms. Rudin said staff intended to attend the policy committee
meeting on October 4, 1987. If Council supported the amend-
ment, staff would advise the committee in writing in advance
of its intent to submit the amendment -and would be present
to do so on Sunday.
Council Member Fletcher asked how the voting delegate would
vote:in the event the amendment did not pass.
Ms.. Rudin said the City's Acting Finance Director believed
the amendment would be an improvement and clarification to
the resolution but did not oppose the resolution as pro-
posed.
Resolution38 - Useeeellelilsei2k2Li ttytalet.q
council Member Fletcher said the iseue of whether to urge
Congress to resist all efforts to increase the user fees on
motor vehicle fuels for the purpose of generating revenue
for reducing the national debt had been before the
California League and the National League fora couple of
years and both had had a strong position in opposition. It
was ei real threat. She did not have much problem with
raising the gas tax, but the League was opposed because it
would reduce automobile travel and possibly the amount of
gas tax funds available .to local government. Since both
Leagues had such strong positions -in opposition, she
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believed Council should be voting on the principle of the
issue of raising a special tax and shifting it to reduce
the deficit.
MOTION: Council Member Fletcher moved, seconded by
Bechtel, to support Resolution 38.
MOTION PASSED unanimously.
Vice Mayor Sutorius asked about any amendments to Resolution
22 - Canadian Hydroelectric sales. It was shown as approved
with amendments.
Ms. Rudin said whenever the policy committee action was
stated as "amend and approve," the amendment was already
incorporated into the language.
MOTION: Council Member Bechtel moved, seconded by Renzel,
to adopt the staff recommendation to endorse the preliminary
recommendations of the League policy committee concerning
Annual Conference Resolutions, incorporating changes made by
previous motions:
Approve Resolutions 2, 23, 24, 26, 29 and 33;
Amend and approve Resolution 34;
Disapprove Resolutions 3 and 4; and
Instruct the Council's voting delegate accordingly
ADJOURNMENT
Council adjourned to a Closed Session re Litigation at 9:17
p.m.
Final adjournment at 9:28
ATTEST:
p.m3
APPROVED
ity JClerk mayor
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As corrected
10/26/87