HomeMy WebLinkAbout1983-06-27 City Council Summary Minutes1
CITY
COUNCIL
MINUTEs
Regular Meeting
Monday, June 27, 1983
CITY
of
PAA(O
ALT()
ITEM PAG E
Geal Communications 3 -4 8 6
Item #1, Vacancy on City Council Due to Resignation 3 4 8 6
of Vice Mayor Gary Fazz i no
Item 02, Election of Vice Mayor to Fill Term Ending 3 4 8 7
at the First Council Meeting in January, 1984
Itrm 13_ Initiative_ PPtitinn re dohs with PearP 1,4 €t 7
Item 04, Resolution of Appreciation to Roger D.
Beto; Item #5, Resolution of Appreciation to Dcnald
Freitas; and Item #6, Resolution of Appreciation to
Carl T. Schilling
3 4 9 1
Consent Calendar 3 4 9 2
Action 3 4 9 2
Item #7, Legal Services for Labor Relations 3 4 9 2
Item #8, Expansion of Quarry Booster Station 3 4 9 2
Item #9, Peti Ions for Undergrounding Utilities in 3 4 9 2
Tree Areas of Palo Alto
1\tem #10, Memorandum of Agreement re Compensation
for Classified Imployees
Item #11, Ordinance re 1400 Dana Avenue (former
Crescent Park School site) - 2nd reading
Item #13, Foothills Park Erosion Control Project -
Park Improvement Ordinance (2nd Reading)
Item 112, (Removed from Consent Calendar),
0riinance re 830 East Meadow Drive (Former Ortega
Schcol Site) - 2nd Reading
Agenda Changes, Additions and Deletions
Item #14, Public Hearing re Adoption of Special
Jobs Bill - Community "Development Block Grant
Application
Item 115, Public Heaei ng : Use ofd°Genera:) Revenue
Silaring Funds for the 1983-84 Fiscal Year
3 4 9 2
3 4 9 2
3 4 9 3
3 4 9 3
3 4 9 6
3 4 9 7
3 4 9 8
3 4 8 3
6/27/83
ITEM
PAGE
Item 116, Public Hearing: Finance and Public Works 3 4 9 8
Committee Recommendation re Fiscal Year 1983-i34
Budget
Item #17, City of Palo Alto Recycling Solid Waste 3 5 1 7
Program
Item #18, Refuse Disposal and Maintenance of Trash 3 5 1 7
Receptacles
Item #19, Newsprint Recycling Program 3 5 1 7
Item #20, Low and Moderate Income Housing Services 3 5 1 7
Item #21, Crime Analyst Professional Services 3 5 1 7
Item #22. Cl inir_al
Services
I te= #23+
Services
l Ahnratnrv- Technologist
J
Snci a f fi3Fet-k Df•ri?6G—E i heiA 1
Item #24, Health Resources Coordinator Professional 3 5 1 8
Services
Item #25, CAPA Community Box Office
Item 127, Project Mobility
Item #28, Human Services Contract for FY 1983-84 -
Palo Alto Community Adolescent Services
Corporation
Item 129, Human Services Conti act for FY 1983-84 -
Palo Alto Community Child Care, Inc.`
Item #30, Human Services Contract for FY 1983-84 -
Catholis Social Services, Inc.
Item #31, Human Services Contract for FY 1983-84 -
Mid -Peninsula Citizens for Fair Housing
Item #32, Human Services Contract for FY 1983-84 -
Senior Coordinating Council of the Palo Alto Area,
Inc.
Item #33, Human Services Contract for FY 1983-84,
Mid -Peninsula Support Network
Item #34, Tele,oi ne Information and .Referral
Services
Item #26, ,project Mobility
Item #35, Northern California Power Agency and
Pacific Gas and Electric Company Interconnection
Agreement
3 5 1 8
3 5 1 8
3 5 1 8
3 5 1 8
3 5 1 9
3 5 1 9
3 5 1 9
3 5 1 9
3 5 1 9
5 1 9
3 5 2 3
3 4 8 4
6/27/E3
ITEM PAGE
Item #36, Staff Report re Natural Gas Supply and 3 5 2 4
Development
1
Item #37, Report of City Attorney re Charter 3 5 2 5
Amendments for the November 1983 Election
Item #38, Request of Councilmember Renzel re CATV '3 5 2 8
Code of Conduct
Item #39, Request of Councilmember Levy re CATV 3 5 2 9
Lobbyist Registration Form
Item: #40, Request of Councilmember Renzel to Extend 3 5. 2 9
Planning Commission Application Period
Item #41, Request of Councilmember Fletcher re 3 5 3 0
Prnrlamation re Cityhnnd of Fart Palo Alto
Effective July 1, 1983
Item i42, RC UL',l• U� i.UV14C 1 i111Ci]IUCr- Fat . i iIio
Assisting New Administration of East Palo Alto
re
Item #43, Request of Councilmember Renzel re Solid
Waste Meeting on June 29
Adjournment
5 J U
3 5 3 0
3 5 3 0
3 4 Q j 5
6/27/83
Regular Meeting
Monday, June 27, 1983
The City Council of the City of Palo Alto met on this day in the
Council Chambers at City Hall, 250 Hamilton Avenue, Palo Alto, at
7:1O p.m.
PRESENT: Bechtel, Cobb, Eyerly, Fletcher, (.Fazzino
resigned), Klein, Levy, Renzel, Witherspoon
ORAL COMMUNICATIONS
None
ITEM #1, VACANCY ON CITY COUNCIL DUE TO RESIGNATION OF VICE MAYOR
Councilmember Renzel
rgAllebansinc h M v
decision was made as
policy matter.
said she recognized that most of her
what to dv on the matter-, , but believed no
to how the vacancy would -ha .f 11 led as a
MOTION: Councilmember Cobb moved, second:,d by Klein, that
Council have au e I ectr i of to n 1 yht to dppoi f:i. someone to fill
the unexpired term of Gaa rj Fazzino.
Councilmember Levy confirmed that the appointment would be to
serve the unexpired term ending December 31, 1983.
Councilmember Eyerly urged Council support of Mr. Fazzino For
reappointment. In view that he would be working in Seattle
commencing January, 1984, he served the community and Council by
resigning so that h';s seat for the next two years commencing in
January, 1984 could be on the ballot for the November election.
MOTION PASSED by a vote of 8-0-1, Renzel "abstaining."
Councilmember Renzel said that while she admired the purpose for
the change in routine procedure as spelled out in the -municipal
code, she did not wish to vote against Mr. Fazzino, but would
abstain because she was concerned about the procedure.
Councilmember Levy said the last time the Council discussed the
selection of board or commission members by the Council, Council -
member Klein suggested that there was nothing wrong with having a
brief discussion prior to voting. He believed Mr. Fazzino took a
wise course of action by resigning at this time and allowing his
seat to be voted on next November in the regularly scheduled elec-
tion. The alternative would have been to serve out this year as
he'was entitled to do, but at the end of the year the Council
would simply appoint a successor. The policy of simple appoint-
ment was followed in many communities, but he believed it was an
unwise policy and thatit was better to submit the seat for a gen-
eral election than .to simply have an appointment by the eight
remaining Cnuncilmember` . He applauded the course of action taken
by Mr. Fazzino and believed he was entitled to serve -out his seat
and he would support his. reassignment.
MOTION: Councilmember Cobb moved, seconded by Klein, to
reappoint Gary P. Fazzino to f irl l unexpired term ending December
31, 1983.
3 4 8 6
6/27/83
RESULTS OF VOTING:
Voting for Fazzino: Cobb, Levy, Witherspoon, Klein, 8echtel,
Eyerly, Fletcher
City Clerk Ann Tanner announced that, Mr. Fazzino had seven votes
and was appointed to' fi l l the unexpired term.
MOTION PASSED by a vot of.8-U-1, Renzel "abstaining".
Mayor 8echtel thanked Councilmember Fazzino for putting his fate
in the hands of the Council.
ITEM #2, ELECTION OF VICE MAYOR TO- FILL TERM ENDING AT THE FIRST
muirm-nLLTIN6 l_N JANUARY, 1984
Councilmember Fazzino thanked his colleagues for the selection and
said he was gratified to have six more months of his term and the
electorate would have a chance to vote for his successor in
November. He served as Vice Mayor for the past six months and
enjoyed the position, but since he was appointed to fill the
remainder of the term and his schedule was becoming more diffi-
cult, he ,requested he not be re-elr :ted as Vice Mayor, and urged
his support for Councilmember Witherspoon, who he believed was,.an
outstanding member of the Council for the past seven and one-ha.lf
vears and who he believed wntlld hp an aYrallant Virg M vnr_
RESULTS OF FIRST ROUND OF VOTING FOR VICE MAYOR
Voting for Councilmember Witherspoon: Cobb, Levy, Witherspoon,
Klein, Bechtel, Fazzino, Renzel, Eyerly, Fletcher.
City Clerk Ann Tanner announced that Councilmember Witherspoon had
nine votes and was elected Vice Mayor.
Vice Mayor Witherspoon thanked the Council r,,d said she would try
to be a credit.
ITEM #3, INITIATIVE PETITION RE JOBS WITH PEACE.
Mayor Bechtel urged all speakers to make their comments brief.
Steve PreMinger, 940 Matadero, a Trustee with Service Employees'
lnternetional Union (SEIU), Local 715, a City worker, and an
organizer for the Jobs With Peace campaign, said the Palo Alto
Jobs With Peace campeign _was certified as having more than the
required number of signatures so that the City Council per the
City Charter, could either adopt the proposed ordinance without
alteration- or submit the question to the voters in the, general
municipal election on November 8, 1983. He read the Jobs With
Peace statement as follows: "he people of the City of Palo Alto
do ORDAIN as follows: The Mayor of Palo Alto shall send the fol-
lowing statement to California and United States Senators and Mem-
bers of Congl,..ess. The City of Palo Alto calls upon the United
States Crngre s to make more federal funds a vai.l abl a for local
jobs and pro= ^alas in such areas as quality education public
transportatio. , affordable and --energy efficient housing, approved
health care, and conversion: from military for peace time produc-
tion by significantly reducing the amount of our tax dollars spent
on nuclear weapons, foreign military intervention, and wasteful
military pi-ograas. These policies will promote a. healthy economy,
national security, and jobs with peace." The -Jobs With Peace Cam-
paign urged the Council to pass the ordinance without alteration.
The City Charter provided the Cours i 1 the power to do so and the
effect .of the Council enacting the ordinance -;.was identical to the
effect of the voters enacting the ordinance. The same message
would De sent to the same people in Washington --even the -ordaining
clause was the same. The Charter provided .that all initiative
ordinances --whether adopted by Council or by the voters,--shall-
3 4 8 7
6/27/83
read "THE PEOPLE OF THE CITY OF PALO ALTO 00 ORDAIN AS FOLLOWS."
The 1980 Uowntown Park Nurth ordinance collected fewer signatures
than the Jobs With Peace campaign and set the, precedent to adopt
an ordinance without taking it to a -full -vote. Further, the Jobs
With Peace initiative was consistent with prior Council and voter
actions on similar issues, supported individuals and organizations
throughout the City,., and qualified with signatures substantially
in excess of those needed. He recalled the -Council unanimously
supported the nuclear freeze initiative and the voters of Palo
Alto later supported Proposition 12; with 73 percent of the vote.
In 1971, during a City. Council election with a high turnout, 60
percent of the voters,, expressed opposition to foreign military
intervention calling for the withdrawal frcm Southeast Asia by
December 31, 1971. The Jobs With Peace petition qualified with
2500 signatures when only 2200 were needed, and if all signatures
were.: checked,. there would have been approximately 3180 ballot
signatures. It was appropriate for the Council to pass the Jobs
With Peace petition tonight as was done in every other City where
the Jobs With Peace ordinance was on the ballot --San Jose,
Oakland, Berkeley and San Francisco. Together with the Santa
Clara County Central Labor Council (which represented most AFL/CIO
unions in Santa Clara County, and on behalf of SEIU 715, he
eedorsed the Jobs With Peace campaign. Government statistics
proved that military spending created fewer jobs than spending in
any other sector of . the er_nnnmv_ He iirnn.e t Count i t th
.� 3" _ - - .. ai ct s:v F t vv pass the
ordinance. -
Donna Lee Eberle, 253 Addison, represented Women's Action for
Nuclear Disare'iement, and asked that the Palo Alto City Council
support the Jobs With Peace effort and call epon Congress to make
more of the federal budget available to the peaceful and coopera-
tive efforts of the people as opposed to more going for military
and war efforts. With peace, the world was provided an oppor-
tunity to grow and survive. With war, it died forever.
Andrew Goldenkranz, 3025 Princeton Street, worked for the Mid -
Peninsula Conversion Project in Mt. View. Palo Alto was a defense
dependent area and Santa Clara County was the most defense depen-
dent county in the country. In fiscal year 1982, )alo Alto
received over $600 million in Department of Defense prime con-
tracts and substantially more than that was estimated for .the
years 1983 and 1984. It was important to support the ordinance
because the question was whether Palo Alto could thrive as a city
without depending on those conteacts and whether there were ways
to assure a successful transition where people would not tie put
out of work, which were the aims of the Conversion Project:, He
submitted a new booklet entitled "The Freeze Economy," describing
the effects of a nuclear freeze on the economy with strategy sug-
eestions. He referred to the education budget the local lack of
math and science teachers, and said that_between half end two-
thirds of graduating engineers and scientists worked for the mili-
tary contractors which depleted the teaching pool.
Marni Barnes, 846 Boyce Street, was a psychiatric social worker
and represented the National Association of Social Workers which
endorsed the proposed Jobs for Peace ordinance. Their visions of
the future were blocked by the threat of total or-limited nuclear
war, which also meant devastation for defense -dependent Palo Alto.
Applying a suicidal patients check list to society, society was
cornered--it_had the means by which to destroy itself and could
see no other options. Jobs With Peace offered an alternative and
vision.
Greg Larson, 84.6 Boyce Street, was President of the Palo Alto
Democratic Association, who unanimously endorsed the Jobs for
Peace initiative in April, along with 72% of Boston and 61% of San
Francisco. Berkeley, Oakland ano-_the' citizens of 73 other U. S.
communities also supported the Jobs With Peace initiative. Last
November, 73% of Palo Alto voters supported the nuclear freeze and
Nuclear War Prevention month was very successful. One half of the
3 4.8,8
6/27/83
peoples' tax dollars went to military expenditures, and as a
defense -dependent area, the people had the right to be heard.
With Moffett Field and S.L.A.C. nearly, Palo Alto could be one of
ten prime targets in a nuclear war, and urged Council support.
Bill Cane, 63b Webster, taught high school, worked with educa-
tionally disadvantaged students who were helped by programs no
longer funded, and experienced the way money moved to the military
and away from socially -productive programs. Everyone who needed
the programs could not be accommodated, class sizes were 27%
larger, and some programs eliminated. Students were not making
the progress they could, and students on waiting lists often
dropped out. That was only one of the concerns of Jobs -for Peace,
and he requested the Council send the Jobs for Peace resolution to
Washington.
Tom Reed, Ib1 Waverley, was a ?alo Alto resident and businessman.
He spoke in 1980 for the Dowrt,own North Park ordinance, and asked
that the proposal also be accepted.
Jolene Kermann, 1276 Dana Avenue, was a member of the Expcot?Ve
Committee of the Mid -Peninsula Freeze campaign who voted unani-
mously to endorse the initiative. She endorsed the remarks of the
other speakers.
Fred Weiner, 1635 Columbia Drive, represented -the Mid -Peninsula
Chapter of the Campaign for Economic Democracy,' who initiated and
endorsed the Jobs for Peace campaign. It had 200 members in Palo
Alto, and he called on them ;o take the leadership and vote for a
solid and sound economy, help for our schools, and city services.
Bob Moss, 4010 Urme, spoke on behalf of the Palo Alto Civic
League, As an officer, he participated in the deliberations of
the steering committee and discussions about the Jobs With Peace
initiative. The steering committee unanimously voted to endorse
the initiative and provide support. He urged Council support.
Council'anember Fletcher supported the Council's adopting the
initiative petition on Jobs With Peace. She believed the timing
was more relevant before the budget was adopted and while the
government was still haggling over whether the decrease in defense
spending should be 6% or 10% over inflation. If Palo Rlto and
other cities passed the ordinance, the message suggesting the
cities' priorities might get to Washington. A policy statement
adopted at the last National League of Cities conference lamented
the continuous and greatest peace -time arms build-up ever, while
simultaneously forcing devastating additional spending cuts in
sor i'1 programs and inadequate help for cities to maintain facili-
t$O and public services. It urged Congress and the Administra-
tian to reduce.:_projected deficits for the fiscal years 1984 to
1986 Dy significantly reducing the growth in defense spending.
She expressed that cities were impacted by the escalation in
defense spending, and although passage of the initiative tonight
would have no immediate effect, it was a start. Palo A1to_and-i-ts
citizens voted last November to support -the freeze resolution.
MOTION: Councilrember Fletcher moved, seconded by, Renxel,
approval of the ordinance re Jobs With Peace.
ORDINANCE 3440 entitled "JOBS WITH PEACE"
"JOBS 411A PLACE ORDINANCE OF 1983 THE'`PEOPLE OF . THE
CITY OF PALO ALTO DU ORDAIN AS FOLLOWS: THE MAYOR OF
PALO ALTO SHALL SEND THE FOLLOWING STATEMENT TO
CALIFORNIA'S UNITED STATES SENATORS AND MEMBERS OF
CONGRESS: THE CITY OF PALO ALTO CALLS UPON THE UNITED
STATES CONGRESS TO MAKE MORE FEDERAL FUNDS AVAILABLE FOR
LOCAL JOBS AND PROGRAMS IN SUCH AREAS AS QUALITY EDUCA-
TION, PUBLIC TRANSPORTATION, AFFORDABLE AND ENERGY EFFI-
CIENT HOUSING, 1MPRZYED HEALTH CARE, AND CONVERSION FROM
MILITARY TO PEACE -TIME PRODUCTION, BY SIGNIFICANTLY
3 4 8 9
6/27/83
MOTION COT I RUED
REDUCING THE AMOUNT OF OUR TAI( DOLLARS SPENT ON NUCLEAR.
WEAPUMS, FOREIGN MILITARY INTERVENTION, AND WASTEFUL
MILITARY PROGRAMS. THESE POLICIES WILL PROMOTE A
HEALTHY ECONOMY, NATIONAL SECURITY, AND JOBS WITH
PEACE."
Councilmember Eyerly admired the petition carriers of the Jobs
With Peace initiative, and rer.,ounized that it was no small feat to
garner 3,517 votes.. City C-'erk Ann Tanner provided the Council
with a Certificate of Sufficiency, with information -that tonight's
possible courses of action included adoption of the ordinance, or
direction for the City Clerk and City Attorney to bring back, on
July 11, a resolution consolidating the special election of
November a with the general municipal election also scheduled on
that date. He preferred the latter course and opposed the motion
to adopt the ordinance because he was insecure about the lack of
specific requests. Some nebulous points were contained in the
ordinance such as the definitions of "wasteful military programs"
and "foreign military intervention," and pie believed that if the
Council were to adopt the ordinance, it needed to review the
fcdcral }+i v‘..c�a and 1t policies, which oirection was
not appropriate for a City Council or municipality. He would not
support the motion and hoped a second motion would be made.
Vice Mayor Witherspoon said she always believed it was more appro
pri a to for i ssues to brought he Cou. • i b.. t • t
-_ �.. be .►� vs,+yii� to i,nc Council by petition, and
that national issues should be presented to the voters. There was
a process in place, a general municipal election was already
scheduled, and there would be no problem with having a special
election. She would not support the motion and urged that the
ordinance be put on the ballot in November.
Councilmember Fazzino said the issue was interesting --he applauded
those who took the time to garner community support, but was on
the horns of a dilemma. He would support the motion because he
wanted to see Palo Alto support the initiative but also warted to
see the citizens vote on the issue and seed a message to
Washington U.C. Although he might quibble with wiraing aspects of
the proposal, he agreed with the message. Those in the community
particularly concerned about domestic prcgrams like education
wanted to _see increased emphasis in those programs. The message
was consistent with the proposal endorsed by the Council last year
regarding the nuclear freeze, it was moderate, bipartisan, and one
which Palo Alto's representatives in Washington needed to hear
from the citizens of Palo Alto. Even though he wanted to see the
citizens overwhelmingly support the ordinance in November, he
would support it tonight.
Councilmember Klein agreed with many v` the statements made, and
believed it was important for Congress to get the message now
rather than waiting rr ply six months. He would support the
motion.
Councilmember kenzel said most of her colleagues expressed her
feelings. Council watched the cutbacks in federal housing pro-
grams for some years and knew the desperate need. Councilmember
Fazzino mentioned the education cutbacks and those needs. It was
clear from previous. information 'that there were ample weapons
available to. obliterate a good portion of the earth, and she
believed the initiative would help Congress --get =it.S priorities
straight, and urged Council support.
Councilmember Levy:Said he -previously state& his. beliefs that City
Councilraembers should not deal with or vote on.matter's:outside its
areas of authority or responsibility. He. wel comed the opportunity
t o present the ordinance to the electorate in Palo Alto and that a
.statement from the electorate would be much stronger than a state --
merit from nine City -Counci lmembers who' spent - most of ` their time
3 4 9 0
6/27/83
dealing with . City matters. lie did not hel i.eve the Council :as
elected to address issues like the proposed ordinance, and could
support presenting the matter to the electorate in November, but
not the motion.
Councilmember Cobb agreed with the comments of Councilmember Levy.
As the parent of a, iraft age son, he was sensitive to the threat
of war in the world, but was also sensitive to what he believed
was his job as.a City Councilmember--to deal with those things it
could act upon directly and; make decisions. Everyone supported
jobs and peace, but beyond that, he did not know what the initia-
tive meant because it was cast in such general terms. He reminded
the audience that because he believed the issue was so overwhel-
mingly strong and specific, and because it was clearly a case when
an exception was needed, he was one of the swaying votes in sup-
port of the nuclear freeze initiative. He reiterated his comments
at the time that he was strongly opposed to getting involved in
national issues and taking positions thereon as a City Council -
member. Each time it was done, another was invited, and he won-
dered whether the public wanted people running for City Council
based upon their views of the national issues of the day. Like
Councilmember Levy, he was delighted to put the matter before the
voters which endorsement w',:tld be stronger than nine people
expressing their individual views, but could not support the
Council's taking action.
Mayor Bechtel said she initially arrived at the meeting believing
that a stronger message to Congress would be one coming from the
people, but as she read the petition again, she supported quality
education, public transportation, affordable and energy efficient
housing, improved health care and conversion from military to
peace -time production. The National League of Cities was con-
cerned about wasteful military programs and she would support the
message.
MOTION PASSED by a vote of 5-4, Cobb, Eyerly, Levy, Witherspoon
voting Sao."
ITEM 14, RESOLUTION OF APPRECIATION TO ROGER D. BETO; ITEM #5,
APPRECIATION TO DONAL6, FRELFAS: ARV ITEM fET
Mayor Bechtel said that items 4, 5 and 6 were resolutions of
appreciation to retiring; employees and suggested that since none
of the retirees were present, the resolutions be voted on in one
motion.
MOTION: Councilwmmber Cobb moved, seconded by Levy, approval of
Item #4, Resolution of Appreciation to Roger D. Beto; Item #5,
Resolution of Appeciation to Donald Freltas; and Item 16, Resolu-
tion to Carl T. Schiiling for years of service._
RESOLUTION 6134 entitled `RESOLUTION OF THE COUNCIL OF
ui O ALTO EXPRESSING APPRECIATION TO, ROGER
D. SETO FOR YEARS OF SERVICE`
RESOLUTION 6135 entitled "RESOLUTION OF THE COUNCIL OF
,nt tilT vt rALO ALTO, EXPRESSING APPRECIATION TO DONALD
FREITAS FOR TEARS OF SERM:ICE.`.
RESOLUTION 6136 entitled "RESOLUTION OF THE COUNCIL OF
ALTO EXPRESSING APPRECIATION TO CARL 1.
SCHILLING FOR TEARS OF SERVICE"
NOTION, PASSED_ Ioae i,eous l y.
Mayor Bechtel 'reiterate, the 'Council s appreciation for the
service provided by the retlrees'3and the years devoted to the City,
of Palo Alto, and wished them fruitful and happy 'retirements..
3 4 9 1
6/27/83
As Corrected
10/17/83
CONSENT CALENDAR
Counci lmember Henze' removed Itc,m 112, Ordinarice re 830 East
Meadow Drive {Dormer Ortega School Site), from the Consent
Calendar.
MOTION: Vice Mayor Witherspoon moved, seconded by Klein,
approval of Consent Calendar items 7-13, excluding Item #12.
Referral
None
Action
ITEM 17, LEGAL SERVICES FOR LABOR RELATIONS
City Attorney recommends that the City Council direct the Mayor to
execute the agreement with Richard Whitmore.
AGREEMENT - LABOR RELATIONS LEGAL SERVICES
Whitmore S Kay
EXPANSION OF QUARRY BOOS ER STATION (CMR:364:3)
ITEM #8
Staff recommends that the contract in the amount of $37,888 for
rAinari t u v nine nn rtf ts+ (1.. . r t, 1).ee..n -e.eznArkel to
-- r , — __J ... ..Y:a.,.+ v.. v . -•a♦.. �:.: . . J c a. ... fr v V i ,j11 u.. .w ee u. ♦ •.. v44
Western Well Drilling Company of San Jose, California.
AWARD OF CONTRACT
Western Well Drilling Company
ITEM 09, PETITIONS FOR UNDERGROUNDING UTILITIES IN THREE AREAS OF
ALIU (CMK 375:J)
Staff recommends approval of the resolution to preserve tie option
of offering the 75 perce.-# subsidy, should the projects proceed,.
to those whose petitions were received prior to the effective date
of the rule change.
RESOLUTION 6137 entitled "RESOLUTION OF THE COUNCIL OF
O ALTO PRELIMINARILY DETERMINING INTEN-
TION TO UNDERTAKE PROCEEDINGS FOR THE REPLACEMENT OF
OVERHEAD WITH UNDERGROUND DISTRIBUTION FACILITIES
PURSUANT TO TILITY RULE AND REGULATION NO. 12-A OF THE
CITY OF PALO 'ALTO"
ITEM 110, MEMORANDUM OF AGREEMENT RE COMPENSATION FOR CLASSIFIED
Staff' recommends approval Of the resolution, amending amending the Merit
System Rules arid Regulations to"reflect changes in the MemoranJOm
of Agreement. between the City of Palo Alto and SEIU and to extent.;
the term thereof.
RESOLUTION 6138 entitled "RESOLUTION OF THE COUNCIL OF
0 ALTO AMENDING.RESOLOTION.NO. 6036 AND
SECTION 1401 OF THE MERIT STS,v RILES AND -REGULATIONS
TO REFLECT CHANGES TO CERTAIN SECTIONS OF THE ME$QRAHDUII
OF AGREEMENT BETWEEN THE CITY OF PALO ALTO AND SEIU °° AND
TO EXTEND THE TERM THEREOF".
ITEM 011, ORDINANCE RE 1400 DANA AVENUE former Crescent,*: Park
s e
ORDINANCE 3441 entitled "ORDINANCE OF THE,. COUNCIL OF
unr CUT 'WW1° ALTO AMENDING SECTION 13.08.040 ,OF, THE
PALO ALTO N$NICIPAL CODE (THE ZONING MAP) TO CHANGE THE
CLASSIFICATION' OF A PORTION OF THE PROPERTY. KNOWN AS
1400 DANA AVENUE (FORMER CRESCENT PARK SCHOOL SITE) FROM
PF TO R-1" (1st Reading 6/13/83, PASSED D-0)
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6/27/83
ITEM #13, FOOTHILLS PARK i.R'J.SLUN CONTROL PR0' ECT - PARK
ea
ORDINANCE3442 entitled "ORDINANCE OF THE COUNCIL OF THE
`� :i IT uF !'Atu ALTO APPROVING AND ADOPTING A PLAN FOR THE
CUNSTRUCTION Of AN EROSION CONTROL PROJECT IN FOOTHILLS
PARK" (1st Reading 6/13/83, PASSED 9-0)
Councilmember Klein 4s to be recorded as "not participating" on
item #7, Agreement With Whitmore & Kay, because his law firm
leased space to that firm.
MOTION! PASSED unanimously, Klein "not participating' on Item 17,
Legal Services for Labor Relations.
MUTIUN TO BRING ITEM #12 URUINANCE RE EAST MEADOW DRIVE. FORWARD
,
MOTION.: Councilmember Fletcher moved, seconded by Renzel, to
bring forward Item 012, Ural nance re East Meadow Drive.
MOTION PASSED unanimously.
ITEM #12 UiiillliANCE RE 830 EAST MEADOW DRIVE (FORMER ORTEGA SCHOOL
7=77-217xinFammi------7
City Attorney Diane Lee said the second reading of the zoning
ordinance was before the Council tcnight. Two weeks ago the
Council took three actions --one of which was approval of a sub-
division map under the Government Code. Government Code Section
66452.2 stated that the Council must act within 30 days on any
tentative reap referred by the Planning Council. The 30 days
expired last week, and the Council's power to change or alter any
of the conditions of the subdivision map was continent upon fall-
ing within the procedures of the City's ordinance allowing changes
or amendments to the map. The City's ordinance only allowed
amendments to the map based on application by a subdivider, and
she understood that tonight's amendment did not fall within that
category.
Councilmember Cobb said he was disappointed to hear that informa-
tion and quoted some portions of a letter he received by Mr. and
Mrs. Dorsky on the subject regarding `he setbacks on the property.
"Mrs. Steinberg informed us one night before she faced the City
Council about her request to delete Item 16 from the Planning_ Com-
mission recommendation," which was the item concerning the set-
backs. He did not believe such short notice was fair to the
neighborhood, and was disappointed on how the issue was handled..
The ordinance only passed by one vote, atd he believed it might be
worth a try to send a letter to the developer asking that the mat-
ter be ret°_b►nitted in order for the neighborhood to Speak at some-
time other than 1:00 a.m., which was -when it was dropped. on them
last time. .
Helene Fertig, 3834 Corina, said she wrote a letter to ..the
Council, which -was on file in the City Clerk's office, where she
stated that at the time the Council was given the request by -the
applicant for a six foot variance on the sideyard setback, none
of the neighbors were advised. ,'After a ca refui visual and physi-
cal measurement, the existing conditions in the area were that
every house had an eight foot side yard setback and the'=20 foot.
sideryard setback. The issue came up at the Planning Commission
Meeting and its recommendation_was for :,an exception to allow for
the -,light foot side yard and 20 foot setback. She hoped to bring
that up because the eightfoot side yard setback was not addressed
at the Comi ssion meeting and she suspected the , members were: not
aware of the neighborhoods comf ormi ty to the eight foot _ side yard
and ZU foot setback.
3 4 9 3
6/21/83
Councilmember Renzel asked what other detrimental effects, besides
creating nonconforming lots, could occur if the Council wished to
amend the zoning to R-1 878 or whatever it took to make the desig-
nation for a larger lot size and a larger setback.
Ms.'Lee said once the tentative map was approved, even if the zon-
ing were changed, if a final map 'n conformance with tentative map
were submitted, the Council *as required by law to approve it.
Councilmember Renzel said as she understood the tentative map, it
was a simple R-1 subdivision, with no reference to the side yard
setbacks because the eight foot setback was an exception.
Ms. Lee said that was referred to as a specific condition.
Director cf Planning and Community Environment Ken Schreiber clar-
ified -that the land was zoned R-1 two weeks ago, and was a 6,000
square foot lot. The adjoining properties were 8,000 square foot
lot zoned, and many lots were smaller than eight. The 8,000
square foot zone required the eight foot side yard setback. The
current tentative map contained no condition o, side -yard setbacks
so the R-1, 6,000 square foot zoning regulations wauld apply or a
six foot, side yard setback. If the zone was R-1 8,000, there
would be an eight foot setback. He could not speak to what other
i)rnhlems rnir,ht be created_ but many of the lots would be smaller
than the zoning.
Councilmember Renzel clarified that otherwise a 35 percent lot
coverage would be permitted and everything but the eight foot side
yard.
hr. Schreiber said yes --the site coverage was the same, as was the
front and rear setbacks.
Councilmember Renzel clarified that 4.; the Council wished to pur-
sue the matter, it would have to refer the matter back to the
Planning Commission with more public hearings.
Ms. Lee believed the Council could continue the item for notice of
another public hearing and change the zoning at that time.
MUTTON: Councilmember Renzel mole:, seconded by Cobb, to sched-
ule a public hearing to Consider rezoning- the property to provide
for an 8,000 square foot lot minimum lot size.
Councilmember Renzel did not believe the --continuance would affect
the school district's position since the lots were under_an R-1
zone. There were a variety of sizes and at least seven conformed
to the 8,000 -square foot lot, and the only difference would be
that the school district would have to require an eight foot side
yard which was :consistent with -the rest of the neighborhood and
what the neighborhood expected.
Mayor Bechtel asked for clarification that Council approved a
tentative map which included the lot sizes as described and vari-
ous conditions such 'as a 20 ' foot rear yard setback and six foot
minimum side yard setbacks.
Mr. Schreiber clarified that the 20 foot rear yard setback went
with the zoning.. The basic setback went with the zoning, and
there were four lots whos-e configurations would have a created
side yard adjacent to existing rear yards, which could cause a
situation of a 20 foot rear yard on an existing lot adjacent to a
six foot side yard, The tentative map 4ncluded a condition that
for those four lots only, there would be a 20 foot 'rear yard on
the side adjacent to existing parcels.
3 4 9 4
6/27/83
Mayor Bechtel clarified that the motion would change the condi-
tions of development for the side yard setbacks.
Ms. Lee said it was a point of departure. Although it was 1:00
a.m. when the Council took its action, there was a condition that
provided that deed restrictions be recorded requiring exterior
side yard setbacks of eight feet for all lots. She recalled that
the Council changed that to six feet but did not delete the condi-
tion. Mr. Schreiber advised that the Council left the condition,
and if that was true, the advice on how to proceed was correct.
If .that was not correct, problems would be created in terms of the
subdivision because it was a subdivision condition.
Councilmember Renzel suggested the information be brought to the
Council at the time of the public hearing.
Ms. Lee suggested that the motion be modified to be contingent
upon the fact that the condition was deleted from the subdivision
map._ That fact could be researched, and if true, it would take
time to call and notice a public hearing.
Councilmember Renzel asked if an eight foot side yard setback was
inconsistent with a six foot side yard setback from the City's
legal ooint of view.
Mr. Schreiber said it depended upon the one. Given the fact that
the subdivision was acted upon, the zone would determine the side
yard setback. Zoning Administrator Bob grown sent.a letter to the
applicants the day after the meeting noting the Council's action,
and the lbth r:on%iition--the deed restriction to be recorded
requiring exterior side yard setbacks of eight feet --was deleted
from the list of Council approved conditic.ns, which was also hi;
understanding.
MAKER AND SECOND INCORPORATED THAT THE MOTION WAS CONTINGENT ON
WHETHER THE CONDITION WAS DELETED FROM THE SUBDIVISION MAP AND,
WITH THE UNDERSTANDING THAT SUCH A REZONING WOULC NOT IN ANY OTHER
WAY PREJUDICE THE FINAL MAP
Councilmember Cobb said he was uncom ortable with the motion, but
did sot See any other way of doing i t He was concerned about the
kind of eleventh hour changes which surprised people in the ,neigh-
borhood and did not believe they should be permitted. If that was
the only legal avenue for the City to pen the matter, it should
be: done° The alternative with the threa _ of another public hea r-
ilg� on a zone change might be sufficient to encourage tht appli-
cant to allow the restriction without the zone change. He' urged
Council support of the motion --not because it was the nicest way
to handle the matter, but because he saw no other legal -way to
give the neighbors a chance to react.
Councilmember Klein intended to vote against the motion because he
believed it was a poor procedure. The idea that the Council
should approve lots —one week then_.make them nonconforming the
next did not strike him as the way City government -`should func
tion. The..Council attempted to eliminate nonconforming uses
tfroughciut the community, and the motion would create them. tie
understood the neiynborhob0 concerns,- but the patter was c'on-
siiered and voted on by the Council, and he believed the Council
should stick with its vote and maintain orderly procedures.
Councilmember Fazzino associated himself w'i+th the comments; of
Councilmember Cobb, and.: agreed the matter was:handled poorly by
the developer in terms of the last minute change. He agreed wfth
the neighbors regarding the side yard setback recommendation's, and
also wanted to see that changed to -the original plan. He was
peaked by the action ,of toe developer a couple of weeks ago, and
was. tempted to support the -motion before the Council. However,
putting emotions aside, he agreed with Councilmember Klein that it
was inappropriate to take that action' because of its unfair . relaE-
3 4 9 5,
6/27/83
tioriship to tne issue before the Council. He would riot support
tne motion despite_his:-temptation to do Otherwise. He was upset
that tLe developer's ads continued to run in local newspapers
about the availability of lots, and said that if they continued,
he would never support another one of the developer's projects in
the City of Palo Alto. Further, the eievnnth hour change suhmit-
.ted two weeks ago after previous meetings with local neighbors on
the plan was totally Anappropriate.
Councilmember Eyerly intended to vote against the motion.' The
matter was discussed at. the Maiming. Commission, and in view of
their comments that it might be raised again by the .developer at
the Council, it was the rules of the game.
Councilmember Renzel said that nonconformity on a vacant lot had
-no effect whatsoever. The -only effe t of changing the zoning to
an 6,000 square foot lot would be to change the side yard setback
to eight feet as recommended by the Planning Commission. It would
not change any other ability of the developer to proce d, and
would only make a difference if 12,000 or 14,000 square foot lots
could be subdivided into two lots at an later date, whidh circum-
stances were not present in the subdivision The Council zoned
property for 3,U00 square foot lots in the Seale area where many
of the lots were only -5,000 square feet and there was great con-
cern about subdividing other substantially larger lots. It. was
done before and would nn# have. !n �dvcr effects- , fl Lhe z nng
of the neighborhood and could only have a beneficial effect. It
would not change the number of lots of the school district or its
position with regard to final map approval other than the eight
foot side yard setback; and she urged Council support for a public
hearing. If the developer objected, they could appear with the
neighbors and air them.
Councilmember Levy believed it was a matter of procedure, and that
tne motion should only be adopted if the procedures followed-dur-
iny the original consideration were improper. Councilmember Klein
spoke to that fact, and regardless of whether the Council's deci-
sion was right or wrong, the item was heard and the procedures
followed were proper. --Reconsiderati n would bring up negative
aspects the Council was attempting to eliminate, and because the
procedures were proper, he would not support the motion.
Mayor Bechtel concurred that it was improper procedure to change
the, zoning after a tentative map was approved.
MOTION FAILED by a vote of 2-7 Renzel, Cobb voting "aye."
'ITION: Cooncilmembert Klein moved, seconded by Eyre ly, approval
of the ordinance for second reading.
URDINAMCE 3441 entitled "ORDINANCE OF THE COUNCIL OF THE
ALTO AMENDING SECTION 18.08.040 OF THE PALO
ALTO MUNICIPAL CODE (THE ZONING MAP) TO CHANGE THE
CLASSIFICATION OF A PORTION OF THE. PROPERTY KNOWN AS 830
EAST MEADOW DRIVE (FORMER ORTEBA SCHOOL SITE) iR0M PF 40
R-1" (1st Reading S/13/83, PASSED 9-0)
MOTION PASSED : by a vote of 6-3, Renzel , Cobb and Fazzi no voting
AGEIiUA CHAKbt.S AUDLT IUNS MND DELETIONS
Councilmember Renzel .added -Item #40, re Extension -of Planning Com-
mission application period.`
.Counci 1me1ber Fletcher ad4ed Item, #419 re Incorporation of -East
Palo Alto.
3 4 9 6
6/27/83
ITEM #14,
PUBLIC HEARING RE ADOPTING SPECIAL JOBS BILL - COMMUNITY
rTVN (r: 8'R'""3 7 :_3' � _'
Mayor Bechtel said that tonigh`c's was the second public hearing on
Palo Alto's application to the Department of Housing and, Urban
Development (HUD) for $229,000 of a special jobs bill. The
Finance and Public Works (F&PW) Committee recommendation was
before the Council together with one from the Citizens Advisory
Committee which was chaired by Hugh Burrows. On behalf of. the
Council, she thanked • Mr. Burrows for Chairing that Committee.
MOTION: Councilmember Klein for the Finance and Public Works
Committee moved approval of the resolution.
nESOLUTION 6139 entitled "RESOLUTION OF THE COUNCIL OF
0 ALTO APPROVING THE SPECIAL JOBS BILL
COMMUNITY DEVELOPMENT BLOCK GRANT PRORAM*
Mayor Bechtel declared the public hearing open.
Hugh Burrows, 795 Gallen Avenue, Chaired the Citizens Advisory
Committee, and emphasized that the 15 -person committee spent a lot
of time trying to assure that the spirit of the jobs bill was
obeyed when the recommendations were made. They were particularly
.concerned that many of the recommendations made by the advisory
committee and staff were going to organizations who would employ
contractors to do the work, and asked for assurances that the
Council would inforr-: grant recipients that contractors should give
preference to the long term unemployed for people made available
for work on the job sites.
Mayor Bechtel declared the public hearing closed having no further
requests from the public to speak
Councilmember Fazzino said he agreed with the Committee's recom-
mendations and commended them for a job well done. Many of the
program s contained on the list did not appear much .different fror..
programs which appeared before the Council under community block
grant funding. He asked haw the allocation of funds to the vari-
ous programs moved towards the purpose of the bill to provide jobs
for the unemployed.
City Planner Glenn Miller said landbanking, acquisition of land,
and projects with long range implications such as houses and seed
money used to purchase houses were eliminated from consideration
and those applications were discouraged. The applications consi-
dered had to show that jobs would be provided in the near future
and most of the projects had job implications for the near
future. -
Councilmember Fazzino asked if unemployment was a measure for the
allocation of funds.
Mr. Miller said no. It was an encouragement .and the wording in
the certification of the City's applications to. HUD read that "to
the' extend practical, we will would provide jobs to the unem-
ployed." One could not necessarily ensure that fact because of
other federal requirements` or.bidding and other Catch 22 situa-
tions.
Councilmember Fazzino asked about receiving a follow up report on
how the jobs were allocated once completed.
Mr. Miller said that was a federal requirement for the receipt of
money and would be in the form of quarterly reports.
Councilmember Fazzino said the Council should be aware of the pro-
gress' especially: since 'other jobs bills were being considered .by
Congress. Even thoW it was upl i kely that a second jobs bill
would be passed, it \could conceivably occur, and it would, be
interesting to have a good assessment of the program before moving
ahead'with any additional allocations of jobs bills money'.
3.4 9 7
6/27/83
As Corrected
10/17/83
MOTION PASSED unanimous'y.
ITEM #15, PUBLIC. HEARING: USE OF GENERAL REVENUE SHARING FUNDS
Mir 7Trrivirriprns= a AR ( •
MOTION: Counci lmember Klein for the Finance a'id Public Works
Committee moved that the Fiscal Tear 1983-84 General Revenue Shar-
ing furds be allocated to the Field Services Program of the Police
,Department in the amount of i390,000.
Mayor Bechtel declared the public hearing open.. Receiving no
requests from the public to speak, she declared the public hearing
closed.
MOTION PASSED unanimously.
ITEM #16. PUBLIC HEARING: FINANCE AND PUBLIC WORKS COMMITTEE
LT (CMK :393:3)
IOW
Mayor Bechtel said now was the time and place tor a public hearing
on the FY 1983-84 budget, including the 1983-84 Capital Improve-
ment Program. She declared the public hearing open.
Counci lmember Klein, Chairman of the Finance and Public Works Com-
mittee, commented that there .were 183 pages of minutes, 531 pages
of budget, and approximately 200 pages of supplemental memoranda
from staff. He noted the great efficiency with which the Commit-
tee and staff operated and noted that the agenda item used every
letter of the alphabet once. A lot of work was involves and an
extraordinary amount of time was spent by staff who he commended
for a superb job. The budget preparation started last fail when
the Council set policy guidelines for staff which were meticu-
lously followed. Council directed staff to come back with a fru-
gal budget that maintained past City service levels. The budget,
as modified by the F&PW Committee, was a good news and bad news
situation. The good news was that staff did a good job preparing
a tight budget and in many cases there were decreases in various
departments, and overall the budget shored a slight increase.
There was an unusual situation whereby the F&PW Committee
`increased the budget in several areas rather than decreasing. The
City had more money than was estimated when the budget operatons
started as was noted in the minutes and by information contained
in this week's packet, and transfers from Utilities would run
approximately $1,100,000 higher, which provided a little more
flexibility to deal with the tremendous demands for capital
improvements. There were tremendous. legitimate, necessary, and
essential demands being placed upon the City particularly in the
area of capital improvements. Everyone knew that severe storm
damage was suffered this year, and staff estimated it might be on
the order -of $2,000,000 or wore, and road; and sidewalks were
deteriorating and badly in need of repair. The F&PW Committee
recommended increases for those two areas over what staff initial-
ly recommended, and all of those demands far exceeded : the City's
resources. The capital improvements budget was increased, but
beyond it were the roads, sidewalks, and the approximately
$700,000 tentatively committed to repair City Hal -1 =which were not
included in the capital improvement budget but which money had to
be spent. .Down the line, there were things like the possible
acquisition ,of the_ Middle School .site, additional funds for Greer
Park and Terman There were also the operating budget items, and
he noted'that the `committee recommended .hiring an additional -plan-
ner in the Planning Department whir;h reflected the Committee's
concern that the demands being placed on the Planning Department
by the various projects before the City required more help in that
area, .especially since it did not look like that area would let up
in the, future with other projects such as the Maximart site coming
down the line. He cautioned that big deci s+,ons were easy ones on
which to focus, but that little decisions about whether to add a
half an employee or Increase fees were also important because when
added, together, they impacted the. budget. Palo Alto's situation
3 4 9 8
6/27/83
was such that it must oe careful with every dollar spent. The
City would like to' fuifili every demand placed upon it, but the
resources to do so were not available, and everyone had to make
some hard decisions on competing goods. There were no easy ones
to cut, some painful decisions might have to be made, but he urged
the neL::.ssity for doing so because the financial future of Palo
Alto depended on it, and there were not enough resources to do
everything the City wanted. He thanked Vice Mayor Witherspoon,
Councilmembers Cobb and Levy, all of whom put in tremendous hours
on the budget.
MUT1OM: Councilmember Klein for the Finance and Public Works
Committee moved approval of the Fiscal Year 1983-84 Budget with
the following amendments:
A. That Fiscal Year 1983-84 General Rewenue Sharing funds be
allocated to the Police Department for Field Services in the
amount of $390,000;
B. An increase for retired employees benefits; costs to be
disbursed among City departments;
C. The deletion of an Assistant to the City Manager and the
addition of an Executive Assistant;
D. The transition of a half-time temporary position for cable
television activities;
E. An increase for vehicle purchases to support the Street
Maimtenance-Pavement Management Program;
F. The addition of an Engineer Technician 1I position and
contract services for the Street Maintenance -Pavement
Management Program;
G. An increase of $150,000 for sidewalk maintenance;
H. A decrease in contract services for electric lice clearing;
1. The addition of a Planner and half-time Office Assistant for
special studies in the Planning Division;
J. An increase for enforcement costs for the Southgate and
Evergreen Park Residential Permit Program;
An increase is bicycle safety contracts as follows:
Effective Cycling $468
Bicycle Safety Awareness $271
1. An increase in Animal Service contracts as follows:
Palo Alto humane Society $133;
Wildlife Rescue, Inc. $180;
M, At increase for contineing Human Services Contractors as
follows:
Palo Alto Community Child Care
Senior Coordi nati ng,,,Counci 1
Palo Alto Area Infori$tion A Referral
Coateunity Health Abuse Council
Hid -Peninsula Support i4etwork
Palo Alto Adolescent Services_ Corp.
°Crittenton Friends
Feh4ing for. near Mumma Service Contractors
$19,,772;
7,621;
1,692;
132;
942;
1,243;
250;
as follows:
Casa SAY
Deaf Inforaed\CO.auaicatioes Resource Center
$5,000;
3,022;
3 4 9 9
6/27/83
MOTION; CONTINUED
U. An increase is funding for performing arts contracts as
foi foes:
Palo Alto Players
Theatre Works
$330;
396;
An increase in funding for Project LOOKI in the amount of
$3:-7;
i�. An increase for permit administration for . the Southgate and
Eergreen Park Permit Program;
R. ;hat $3,600 be allocated for contract services ,with South Bay.
Dischargers;
5. Changes to the iriscal Year 1983-84 Capital Projects Fund as
follows:
Foothills Park Erosion $310,000;
Structural Improvements 166,000;
Storm Drainage Improvements 150,000;
Maiiidinn cinttdinn tee nnn_
Terman Site Development 735,000;
Main Library Remodel 2nn_snn ;
- 's
Greer Park Development 290,000;
Children's and Community Theatre Repairs 510,000;
Lytton Plaza Lighting 11,500;
Off -Street Pavement Management Program 0
T. Fee increases and -changes to the Municipal Fee Schedule be
approved as noted in Exhibit C;
U. RESOLUTION 6140 entitled "RESOLUTION OF THE COUNCIL OF TIIE
rrTrITTTICCFITTO AMENDING SCHEDULES S-1 AND S-2 OF THE CITY
OF PALO ALTO UTILITIES RATES AND CHARGES_ PERTAINING TO
DOMESTIC AND COPPERCIAL SEWAGE COLLECTION AND DISPOSAL
RATES";
Y. RESOLUTION 6141 entitled *RESOLUTION OF THE. COUNCIL OF THE
T7TrUrTtrUltrIO AMENDING SCHEDULES W-1 AND W-1-0 OVINE CITf
OF PALO ALTO UTILITIES RATES AND CRAMS PERTAINING TO GENERAL
WATER SERVICE";
W. RESOLUTION 6142 entitled "RESOLUTION OF THE COUNCIL OF THE
Lin' PALO li'.t° AMENDING SCHEDULES (-1, E-2, E-3, and E-4 OF
THE CITY OF PALO ALTO UTILITIES RATES AND CHARGES PERTAINING
TO DOMESTIC, CONMERCI_ L, CUSTOMER-OHNEO GENERATION, AND STREET
AND HIOHMAY LIGHTING RATES";
RESOL:iT1U 6143 entitled "RESOLUTION OF THE COUNCIL OF THE
ZITTIF PALO ALtO ANLNDIRG SCHEDULES 1-1, R -1 -FA, R•3, and R.-4
OF THE UTILITIES RATES AND CHARGES";
Y. RESOLUTION 4144 entitled "RESOLUTION OF THE COUNCIL OF THE
TITTirr-FIRTIno APPROVING FEES FOR THE :PALO 'ALTO MUNICIPAL
GOLF COURSE, NON-RESIDENT . LIBRARY `FEES AND - SOCIAL SERVICES
ADMISSION FEES";
•
I., ORDINANCE 3444.;eetitled °ORDINANCE', OF THE COUNCIL- OF THE. CITY
DOPTINGA BUDGET FOR FISCAL YEAR 1913-a4"
Counci lmember Levy said there were 26 items en the agen0a relatn-d
to the budget, and he asked if pu'J.ic comment would be taken ,n
all 26 items ()Verdi]
_ at one time with an discussion and vote by
the Council.
3.5 0-0
6/27/83
Mayor Bechtel said she intended to open the public hearing and
take comments for ail portions of Item #16, regardless of whether
it was amended by the F&PW Committee.- After the public hearing
and Council discussion, the motion could be voted on in a consent
fashion removing or adding any necessary items.
Councilmember Levy asked about the total change in personnel in
the non -utilities areas of the budget.
Director of Budget and Resource Management Larry Moore said
approximately two positions were added to the general fund for the
1983-84 fiscal year.
Councilmember Levy asked about the net reduction in the reserve
for capital expenaiture--the net deficit of the general fund.
Mr. Moore said the estimated fund balance for June 30, 1983, was
$6.1 million, and the estimated fund balance -if the budget was
adopted as recommended by the F&PW Committee --would be approxi-
mately $3.5 million for a net reduction .of approximately $2.5 mil-
lion.
Councilmember Levy clarified that it was a net deficit of $2.5
mi l l -;tin in thick nnnars 1 f..r,,
Mr. Moore said the change was from $6.1 million to approximately
$3.5 milliund T
Mayor Bechtel declared the public hearing open.
G. G. Gaul, 1405 Dana, agreed that the spay and neuter clinic
should generate enough revenue to meet the direct charges, but he
believed the Police Department request ,for fee increases improper-
ly assigned rates changes for various operations. The concept of
the clinic was to reduce the number of unwanted animals horn each
year. People almost controlled their female dogs; but cats by
their very nature did not, receive such control, and unwanted kit-
tens could only be ontro l 1 ed by the use of. the spay and neuter
process. It was important that the feline operations he low cost.
The Police Department personnel set the rates in an almost panic
situation in less than twc days and with no study, and refused a
written request to obtain the data used in setting their rates.
He requested that the Council not grant the proposed fee change,
and that two to four week:. be granted to allow the submission of a
properly allocated fee schedule that would be acceptable tc., the
community and would not operate to the detriment of the clinic.
Tony Sanderson, Chairman of the Palo Alto Animal Advisory- Commit-
tee, said his committee was not consulted regarding the proposed,
changes, and most of the members believed the -: :roposed increases
were too high. He suggested that :the committee be given an
assignment to evaluate the situation and return to the Council
with amended recommendations regarding proposed fees with a spe-
cia1, reference towards keeping some sort of low cost spay and`
neuter program available..•
Mary Cordon, 2896 Emerson Street, was a member of the Palo Alto
Animal -Services Advisory Committee, which committee was set up' by
the City of Palo Alto -to study things like spay-and_neuter charges
and iaany other things affecting animal services. The committee
was not consulted about the proposed fee increases, and should be
atforded the _ opportunity to study the side., effects of the
increased fees because there -were aspects other than firance. She
requested that the matter be continued for two months, to give the
Committee an opportunity. to study the matter and." report back..
That could avoid possible_ detrimental- impacts -including a drop in
spayed and neutered animals, and the resultant drop in income.
3 5 0 1
6;27/83
Bob Moss, 40.10 Urme, endorsed most of the F&PW Committee recommen-
dations and all recommendations regarding the capital improvement
budget. Regarding the reduction in CIP reserves, Item 16-S,
listed the additions to the capital improvements budget, -and
about $80J,00U related directly to storm damage and its repair or
corrective action sa that the next storms would not create as much
damage., That accounted for about one-fourth .of the total capital
improvement budget which showed that the capital improvement bud: -
get was not wild or that reserves were arbitrarily reduced. The
money was for identified neeus and unexpected natural disasters.
He disagreed with the recommendation to not approve the addition
of one-half person for the City Clerk's office. Councilmember
Klein referred to _. the 183 pages of minutes which the Clerk's
Office expedited and made available for tonight's meeting. If one
looked at the June 14 minutes, pages 17-20, Ms. Tanner provided an
eloquent defense of why her office needed additional staffing, and
he believed her argument was well stated. The Palo Alto Civic
League Steering Committee discussed the matter many times over the
past year and agreed that more staffing was needed and supported
Ms. Tanner's request. There were times when money should be
saved, and there were times when money should be spent, and some-
times saving mane,, i-n the short run ended up spending money in the
long run. Money Spent in providing timely information to the pub-
lic about Council discussions and actions was money well spent.
tie said that tonight's Ortega example 'where staff could not clear-
ly identify what was decided and under what conditions at 1:00
a.►ii. was good. Although a two-week turnaround would have been
unusual, it would have helped to have --that information before the
Council. He believed the, addition of less than 112,000 to the
City Clerk's budget should be supported. It was money well
spent --money spent for r good government which everyone should sup-
port.
Judy Adams, 1062-A College Avenue, was a member of the Board of
the lid -Peninsula Support Network, and thanked the Council for its
support in recent years and the F&PW Committee for its recommenda-
tion of a modest increase for their services. She hoped the
Council would agree with the additional support for the agency's
efforts to end domestic violence in the community.
Receiving no further requests from the public to speak, Mayor
Bechtel declared the public hearing closed.
Councilmember Klein said he was concerned to hear that Mr. Burke
resigned.
Police Chief Jim Zurcher said Bill Burke announced his resignation
to his staff this morn ng, and others were not yet notified. He
attempted to ca 1 l Mr. Sanderson this morning, but did not get An
touch with him until late this afternoon.
Councilmember Klein risked staff for a reaction to the public
.testimony concerning Mr. Burke's resignation and the communication,
with ;M advisory committee.
Mr. Zurcher accepted responsibility efor the:Committee's not .being
involved in the decision. He Said, he spoke with Mr.- Sanderson
today about future plans and the fact that the committee would be
involved.- He had no problem postponing fee increases until the
matter was discussed with the committee if the Council desired.
Councilmember Klein removed Item ."T" regarding fee te,ereases and
changes. to the Municipal Fee Schedule. v.
Councilmember Eyerly removed, item "li," amending_ rates and _charges
pertaining to domestic, commercial, customer -owned generation, and
street and highway lighting. Ale said he intended to request an
addition in staff for the,City Clerk's Department.
3 5 0 2
b/27/83
Councilmemeer Fletcher _removed Item "S" in order to discuss the
Lytton Plaza lighting, and also wanted to discuss the City Clerk's
budget.
Councilmember Levy removed Item "I" regarding the addition of a
planner and half-time office assistant for special studies in the
planning division. He also wanted to discuss items not on the
agenda —one related to the position of Director of Social and Com-
munity :services and the programming positions within the Budget
Department.
Councilmember Fazzino removed Item "C" regarding the deletion of
an Assistant to the City Manager and the addition of an Executive
Assistant, and Item "i" regarding a decrease in c-ontract services
for electric line clearing. He also was interested in discussing
the City Clerk's budget and the Director of Social and Community
Services position.
Mayor Bechtel restated that. Items C, H, 1, S, T and W were removed
from the consent portion of voting.
Councilmember Levy said that since Proposition 13, the Council
watched while many city, school and county ,uri sdi ct i ons ignored
the consequences of lower revenues from taxes from Sacramento and
Washington and tailed to plan for the future of their jurisdic-
tions. -The results were now being .seer -after accumulating for
many years. There were widespread layoffs and deterioration in
service and maintenance in many areas around Palo Alto. Palo .alto
was more fortunate than other jurisdictions up to now because its
overall income rose despite reductions in state and federal sub-
ventions and property tax curbs. He opined that the benefits uni-
que to Palo Alto were coming to an or in danger of being cur-
tailed. The City's fiscal well-being up to now was caused by
three income sources all of which enjoyed three years of good foe
tune. Sales tax benefited from the substantial upgrading of Stan-
ford Shopping Center, and the overall double-digit inflation
experienced over the past several years. The interest on the
Ci .;;;'s reserves benefited from high reserves and highe interest
rates, and there were substantial utility profits. All of those
sources would plateau in coming years or fall off. A new major
store was going in at the Stanford Shopping Center, but he doubted
there would be increased sales taxes as previously experienced.
Interest rates were declining as were the City's reserves. The
utility profits were high and'the City authorized staff to report
back on new methods for analyzing utility profits, which staff
believed would likely result in lower profits in the future. The
proposed budget reduced the City's reserves by almost half--fr5m
$6,009400 to approximately $3,000,000. There were some substan-
tial off -budget items Council would consider during the year - the
largest being approximately $750,000 for,. earthquake proofing and
enlarging the City Hall facility. If the City continued the
spending levels planned, by the year after next, it reserves would
be completely used. At that point, there would be no money avail-
able for acquisition 'of the middle school, for completion of
Greerf Hoover, Downtown North and other parks, and the maintenance
work on -the City's streets and sidewalks.,which had built up -over
the years. In addition, there would be minor funds available for
emergencies such as those whi la were met this year. The proposed
budget called for increases An .direct services to the community,
which- he supported --they included work on the proposed "Terman
Park," ,and tireer Park,_ which included substantial storm drainage
improvements, and additional work on City streets and sidewalks
which were badly .:needed. =Other -items were also included which he
believed should be considered closely and demanded rigorous sub-
stantiation before approval.. Substantial increases were requested
in backup` funds and administration. Increases cal'ed--for per -on-
nel in the City Managers Office, Budget Department, Planning
Oepartment,_.etc. Those new personnel represented ongoing commit-
ments, it .44s -difficult to cut 'personnel, and• he believed each -
personnel position must be reviewed before being -included. A five
3 5 0 3
6/21/B3
year plan- for. budgeting or planning was not yet adopted, but i4
was easy for the Council to look ahead -and see the substantial
needs in the community for funding. He urged the Council to look
beyond the budget and put it in a. broader context while consider-
ing this year's budget.
Councilmember Fazzino said that ess a former chairman of the F&PW
Committee, he was continually impressed y the work of City staff
and F&PW Committee in -putting the budget together. Larry Moore
and his staff deserved special thanks for the outstanding analysis
and for pushing staff week in and week out during the course of
the fiscal year in order to get the necessary ,data to the Council.
It was a phenominal job, and he believed that one had to sit on
the F&PW Committee to begin to appreciate all the work that went
into the budget. He gave the entire staff credit for putting
together excellent data, effective measures for evaluating ser-
vices, and for presenting issue alternatives at the F&PW Committee
and Council levels in easily understood manners where decisions
could be made based upon public need. The F&PW Committee, under
the leadership of Councilmember Klein, did an outstanding job, and
even though the budget issues were much less emotional than they
were four or five years ago, there were some hard and difficult
maintenance issues and capital project issues which needed to be
addressed by the Committee. He said that 163 pages of minutes was
a phenominal feat card the Clerk's office deserved tremendous
thiariks for putt. ig- 61st liiai.ti to I. 1.uye1.I1eI'. 011 I I I U I L dt1U I UfiU-Leriil
issues faced the Committee and he was pleased that the Committee
spent the amount 1f time i->• did nangfui 1 • going ever each
+I+ v Vr1V �rmv�.•1 i of time R: 1 1. 41 V 4_U1 G 1 U 1 1 7 going ever V1 eBI.11 issue.
He continued to be concerned about the lack of a well-defined five
year plan and hoped the F&PW Committee would look at the issue
again a year from now. Even though he was pleased with the adop-
tion of additional money for street maintenance, he believed staff
needed to augment the outstanding work done by Dave Adams and
George Bagdon about a year or two ago when they made a tremendous
presentation about particular street maintenance needs over the
next five years. He asked that next year, the F&PW Committee look
carefuliy at the issue of maintenance needs over the next few
years --not only within -the C1P, but also within the general budget
because he believed it was a hidden cost not yet properly
addressed.by the City. He asked Mr. Zaner where he saw the posi-
tions in his office going over the next few years. The Assistant
to the City Manager was deleted and added an executive assistant --
someone who would spena much of their time working on cable
issues. The Assistant City Manager was spending much of her time
in the community services area and he asked for clarification
about where Mr. Zaner saw -the positions in his -department going in
terms of title and function particularly since he saw the people
in the department starting to spend much more time in specific
areas.
City Manager Bill Inner said staff recommended the person now do-
ing the cable work become .a regular employee. The position Under
Item "C" was to delete what was Mr. McNeely's position that re-
ported directly to the City Manager and substitute a position that
would instead report to the Assistant City Manager. That would
provide her. the necessary backup for research, ongoing day- to -day
operations, coordination with'departments, etc., where the work-
load was.
Councilmember Levy asked for clarification about `the extra one-
half position being added to the City Manager's office.
Mr. Lanerresponded that -it w _for an office assistant.
Councilmember- Fazzino asked Director of e'vblic Works .Davi'd Adapts
for clarification about Item "H," regal°din`s; the decrease in con-
tract services for electric line clearing ti►`at the decrease would
in no way lead to a decrease in services ovel',the long term.
3 5 O 4
6/27/83
Mr. Adams responded it would not decrease the long-term services,
and, in effect, limited the number of contracts to be carried aver
at the end of next fiscal year. That was brought to light when it
was dissevered that 'trig Department of Public Works/ Engineering
aid not balance the payback to the City by the utility funds.
Councilmember Fazzino clarified it was a technical budgetary issue
rather than one of service.
Councilmember Levy said regarding Item "I," the original budget
did not contain the addition of one and one-half positions to the
Planning UF,partment. The F&PW Committee instigated the inclusion
of those positions because it believed more personnel was needed
in that department to provide the Council with faster service on
special studies from the planning. Department. Although everyone
wanted to see increased service from staff in all areas hr
believed it was prudent for the Council to begin drawing the lines
more as it looked to the future, which meant that the service
levels for the future would be approximately comparable to that
received in the past. The Council previously requested a number
of special studies related in large part to Stanford Hest and
Terman and there would be substantial requests in the future, but
he Oelieved that asking' for an increase in the level of service
from the Planning Department presently was imprudent. on the part
nf_ -tho Cnunri 1 _
MOTION: .Councilmember levy moved, seconded by Eyerly, under
Item "I," the deletion of, one full position.
Councilmember Eyerly said he understood that staff asked for a
one-half person and that the F&PW Committee added one additional
person.
Director of Planning and Community Environment Ken Schreiber said
that the budget submitted to the F&PW Committee contained a modi-
fication in the Planning Department staffing of approximately one -
quarter person. An additional quarter person regular and some
additional temporary help and also a deletion of temporary help.
The additional staffing request was related to the Planning De-
partment's taking on more work in the coordinatiun of downtown
activities.
Councilmember Eyerly said since staff did not ask for an extra
person and since he had not heard -any real complaints from the
Council in about the manner in which the Planning Department
handled its priorities, he believed it was not fiscally responsi-
ble to ask for another full person. - If one looked at the per
capita expenses of the Planning Department in Palo Alto and com-
pared them with other cities, he believed Palo Alto was very high
and one reason why staff did not push for another person.
Councilmember Cobb said he believed for some time Viet the plan-
ning staff was one of the most overworked and -.overburdened parts
of,a hardworking City staff. More stud'is of tremendous and crit-
ical importance were requested, and there were planning items like
Stanford- West and Maximart and numerous t:;thers not to menti:n the
prospect' of the middle school. Those issues were important to the
City and -he was concerned about the planning workload' being too
big, the backlog getting too long, people working too hard, and
how the City would deal with the m#_ddl a school -issue when it was
essential to handle it well or the community would not be well
served. In the spirit of serving the public on issues of extreme
importance;to them and their future, he believed additional staff-
ing was needed to get a -proper handle on _the planning issues and
get ahead for a change.
Councilmember Klein agreed with Councilmember Cobb. It was one of
the critical areas where an increase in 'staff was_ justified. He
believed that some of tine major issues facing -the community in the
3 5 0 5
6/27/83
five to ten yearF were planning issues about which citizens were
vitally concerned and asked the City to study varievs aspects of
the community to see whether the decisions of the past were s'ci l l
appropriate in the 198U's and 1990's. He believed it was appro-
priate to respond to those concerns in a timely fashion. It was
ane'thiny to set priorities, but if those priorities were careful-
ly reviewed, certain things kept being shuifled off to the bottom,
and it was inappropriate to give a promise to the citizens and not
do it in any type of timely fashion. Thfre was no question that
the City's planning staff worked very hard and, diligently, but
they were only human and could not get everything: being assigned
to them done. He strongly supported adding the staff as recom-
mended in the item before the Council.
Councilmember Renzel concurred with Councilmember Klein about the
significance of the items before the planning staff because of
the permanence involved. The City was required by law ,to respond
in a timely fashion to developer applications, which staff
believed it could do at its.current levels. The proposed position
was in the area of special assignments that involved long-term
planning for the City. Those plans needed to be in place before
an applicant came in because if the application was received
first, it was a 1*:ttle late for the City to start the study. She
e.olpepa it wAs of critical importance, particularly now when the
City's options were so limited and what remained of the City's
undeveloped land. It was essential that the City's planning staff
have the personnel to do a proper job and in time for the City to
do orderly planning and take advantage of whatever options were
available.
Councilmember Fletcher said the Planning pepartment recognized
the overabundance of applications for developments, and she had
been long concerned about the University Avenue area. -She ¥;is
reassured t at after the California Avenue study was completed,
that area would yet its turn. In the meantime, four story office
buildings were springing up all over downtown and she would rather
have the additional staff to-do the planning before the office
buildings tined University Avenue on both sides.
MOTION RESTATED: TO DELETE ONE POSITION FROM THE PLANNING
DEPARTMENT UNDER ITEM "I."
MOTION FAILED by a vote of 3-6, Eyerly, Fazzino, Levj voting
"aye."
RECESS FROM Y:40 p.m. TO 9:55
Councilmember Fletcher was concerned regarding item "S," Lytto:
Plaza Lighting, that the City was putting in more lighting than
was needed. There were two segments to the lighting at Lytton
Plaza and one was to add new uncieryraund electric service includ-
iny meter and circuit breaker panel to provides cur light posts
with five bulbs on each post. There was also repair and replace-
ment of eight uplights and four floodlights and she bell -rived that
was excessive and not' in keeping with the conservation policies of
Palo Alto.
MOTION: Cownci-lmember Fletcher 'moved, seconded by Renzel_, that
the lighting budget for Lytton Plaza be reduced to $5,200. - -
Councilmerber. Fletcher_ said the extra "expenditure. was :not pre-
cluded- So that the flood lighting could still lie added in the
future, but -- she wanted to see i,f the $5,200 would do the job.
Mayor bechtel opposed the motion and said that originally she made
a similar motion at the F&PW Committee, but was convinced that
Lytton Plaza was= very attractive when -previously lit. It was an
entrance to Palo Alto and presently a dark and dreary cornea in
the evening. Even with the four posts', she believed additional
lighting_ was necessary, ii order to light the shrubbery and make it
an attractive corder.
3 5 0 6
6/27/83
Councilmember Renze l said she supported the motion for the reasons
given by Councilmember Fletcher and --also because she believed the
City should start with the basic light fixtures and see whether
they provided adequate light. While lighting trees was fashion-
able, she was not sure- it was necessary ir: order to make the area
attractive. She preterred to see the money saved against the
floodlighting go to sore of the more pressing things, such as the
new City Planner posit on.
Councilmember Cobb reinforced Mayor Bec-htel's comments, and said
the lengthy discussions -he had with people from Downtown Palo
Alto, Inc. revealed that many of the business people downto+ ►'
bel eved the extra lighting would add to the general climate anu
atmosphere of the downtown area and promote the kind of better and
more modern downtown everyone was working toward. He urged the
Council to leave the funding for the full lighting in the budget.
Councilmember Witherspoon said she recalled that the major expense
was having the park rewired to provide the lighting. She asked if
that much would be saved by not having the floodlights at present,
but putting in the wiring.
Mr. Adams believed the project could be split as was indicated in
ore of the staff reports. With the original setup at $5,200, that
part had to be done first 1"tnfore antithinn else d
... .. ....,� .... ��y �..a� �.vuau uc uV1iC, (l flu
then the $b,000 would be saved if the extra floodlights were not
added.
Councilmember Witherspoon clarified that floodlights could be
added later for $6,000.
Mr. Adams said that was his understanding.
1
Councilmember Eyerly said he received a call from Mrs. Gallagher
who was before. the F&PW Committee two or three times with regrets
that she was unable to attend tonight's meeting. He commented
that the City owned Lytton Plaza for seven or eight years and was
yet to spend any money on its improvement. With the interest in
the revitali :;ration of the downtown area, and particularly the work
done to the plaza by DTP.A in an attempt to make it an integral
part of the downtown area for beautification, it would he a small
amount of money well spent. He reminded the Council that the
liyhting posts were in the open area in front, a bank of trees in
a planter area, and a small brick wall behind that with a seating
area. The floodlights lit the trees and presented a more decora-
tive appearance from the street. It also lit the seating area
which was not lit by the posts in front. He hoped the Council
would support the small amount of money and move forward with a
few improvements for a park it had owned for so long without doing
anything.
Councilmember Levy'oeliev.ed it behooved the Council where neces-
sary to bring playgrounds and park, areas already in City use and
possession up to incrementally higher use and enjoyment levels,
which was what. the money woul d .do. It was a sma l l amount of money
to provide a pleasurable place for many more people, and he
believed the item was proper for Council support.
MOTION RESTATED: TO DELETE THAT PORTION OF ITEM
THE LYTTON PLAZA FLOOOLIGHTIMG
IELATED TO
MOTION FAILED .by a vete of 2-7, Fletcher, Renzel voting "aye."
ITEM "T"
Councilmember Klein believed.._that the public testimony received by
Council tonight, with regard to the resignation of Mr. Burke and -
his failure to. consult with the advisory ,committee, made it proper
to postpone the increase in Spay and Neuter fees.
3 5 0 7
6/27/83
1
1
N4TIti ny '
i:iaunci cmember Klein moved, seconded by Cobb, to post-
pone the increase in spay and neuter fees for a period of sixty
(bil) days to give staff an opportunity to meet with the Animal
Advisory Committee and make recommendations back to the Council.
The fees would be continued at their present level during the in-
terim period.
Councilmember Klein urged the Committee to consider the City's
financial concerns, condition and the general idea that such pro-
grams should be based only on cost recovery. The City's aim was
not to provide services for the entire mid -peninsula area, but for
its own citizens.
Councilmember W=therspoon endorsed the concept, and noted a low
disparity between the fees paid by a resident and those paid by a
nonresident. She suggested that another possibility would be to
raise the nonresident fees.
Councilmember Levy noted that all of his colleagues were• dis-
pleased about the process --the Animal Advisory Committee should
have discussed the -fees- and reviewed the pro-osal before it was
submitted to.the Council. Regarding the fees, it was City policy
that the spay and neuter clinic program be self-supporting without
a profit, there should be no money to contribute to the overhead,
and the direct costs of spay and neuter clinic operation should be
i . . mtui .)4..0 • 4+,. bo 4 i i. itcd v41a e. a.a an U4c4. i.at i a policy and u I yt•
that:it not be changed. He asked the Committee to review the fees
in light of T guiding overall policy that might be a basis for a
Council decision.
Councilmember Fletcher was concerned that pet owners from as far
away as Fremont and Milpitas came to Palo Alta _because of the low
rates. She was not adverse to providing a subsidy where there was
a Ci..y benefit as was the case in spay and neuter situations where
one could not estimate the amount of money saved by not having
additional strays :.wondering the .-streets and waiting to be picked
up. She believed out of town people should pay market rates, not
any subsidized or special rates, and requested that the Animal
Advisory Committee's consider that possibility.
Mr. Z.aner asked for clarification that -the motion referred the
item back to staff with instructions to work with -',,the Animal
Advisory Committee.
Councilmember Klein said that was correct. The other comments
might provide background to the Committee and provide input about
the Council's thinki,lg and what items should be considered.-'
Councilmember Renzel said that when the -Animal Advisory Committee
was set up, it was' intended that staff be advised rather than the
Council, And asked for clarification that the requested informa-
tion would be returned to -Council by way of staff. 'She opined
that the fee increase was significant and that it might deter pet
adoptions since the City required that those fees be paid in con-
junction with adoptions. Site suggested that the committee review
whether_a lower rate might be charged to those people adopting
pets in order to encourage adoption*, and agreed with the highor
differential for nonresidents.'
,Mayor Bechtel believed that her colleagues' eor►ments provided val-
uable input to the comma-*ee and staff. Initially, she wanted to
keep the fer3 for _ resi dehts the same, and increase the fees for
nonresidents. She disagreed with Councilmember Fletcher to
increase them to the extent of a private clinic because she agreed
with Councilmember Renzel that it would be difficult and make pet
adoptions less likely. She urged the Council to remember that:
animals did not necessarily remain: within their own jueisdictions,
and a stray animal could be picked up from Mountain View or East
Palo Alto.
3 5 0 8
5/27/83
Cuurnci luiewber Renzel asked for 11dri fication -that the committee
would focus on the fee structure and its -affect on the animal care
provided.
Mayor Bechtel said that was correct.
MOTION PASSED Unanimously.
Councilmembsr kyerly said with regard to Item "W,". amending City
utility rates and charges for domestic, commercial customer owneJ
generation and street and highway lighting rates, the June 7,
1983, F&PW Committee meeting set the rates and discussed the elec-
tric utility. A question was asked about the electric utility
inventory and -how staff was doing with the" Price Waterhouse con-
sultants report and -arriving at an equitable return on the elec-
tric utility for the 1984-85 budget. He observed that the -City
took more money from the electric utilities since Proposition 13,
and last year it was up to $7,067,000. The preliminary budget
suggested that the .City would be at $5,100,000, and at the last
meeting of the F&PW Committee, another $1,000,000 was swept into
the capital improvement budget from the electric utility. He did
not like the process of having a preliminary budget and estimates
earlier in the year, and suddenly at the end of the year, the City
cane up with a miracle $1,000,000. He expected that before the
fiscal year was over, the electric utility would be in .a cositinr�
to throw more that way. He did not believe staff was as� meticu-
lous in setting the rates as they would have been if they had to
answer to the PUC, but on the other hand, realized that Council
supported the recommendations because there were capital improve-
ments to meet, etc. He believed the F&PW Committee acted properly
on their Capital Improvement Program, but that did not satisfy his
belief that it was too easy to put more money in the Capital
Improvement Program without the Council directing where Bur -
plus moneys should go at the end of the year. Mr. Harris indi-
cated that the inventory would not be ready for the F&PW Committee
budge discussions next year, and that another $50,000 to $100,000
would be required to yet the inventory. He realized that the rec-
ommendations to Council at the beginning of the budget might be
that the return on inventory not necessarily be used, and that
there were other methods of equitable return on the electric util-
ity might be recommended. He understood the inventory could have
been done by the start of the present budget year and was delayed
a year by the F&Pl. Comritte.^_ in order to give staff time to do it.
Mr. Mitchell was charged with the inventory according to the
Administrative Code, and his March 10, 1983 letter delegated that
responsibility to certain people for accounting tasks from the
Utility Department. He asked why the inventory was going so
slow,
City Controller ! Mitcneli said that Requests for Proposals were
sent out in the. last 30 -days, were received,, and were being. care-
fully studied. The changes_.in taking inventory and the -.process
were significant, And he reminded the Council _that inventory of
the utility plant was an entirely manual process and that in order
to bring i_t up to 1980's standards, it would require a high degree
of automation and a review of the plants'. unit descriptions-. The
job was not insignificant and he guesse'l it wou;'1 take all of
1933-84 to provide a proper inventory and process._.
Councilmember .Eyerly asked if the Council would be provided with
some recommendation on an equitable, return on the electric utility
budget time next year.as requested.
Mr. Laner said staff was confident that a recoi menda ton would be
provided The assignment to staff was to return with some alter-
natives as to how the Council could value the system and establish
an appropriate rate of return. There were a number of ways to do
that --inventory was'ene and return or investment was another.
Staff anticipated returning to Council_ with an appropriate
method.
3 5 0 9
6/27/83
Counci lmember Eyerly asked for assurances that the rates . tieing set
were not yoiny to give the City $15,000,000 or $9,000,000 to sweep
into the General Fund next year or a couple of mi l i i on dollars_
above what staff indicated in the estimation in the preliminary
budget. He "was nut sure when that happened every; year. Those
rates should be as low as possible to the users within the City,
and it was the Council's job to keep those rates low while at the
same time receiving a decent return on the investment. He
believed the thrust was predicated c►n low rates to the users, and
over the past several years, the rates provided extra moneys that
staff was always surprised about. He was not sure what would hap-
pen next year and he wanted some feeling about the rates because
of his inability as the PUC to dig in and ask. He asked for as-
surances that the same thing would not happen next year.
Mr. Laner assured the Council that a rate was recommenced consis-
tent with the principles outlined. Staff attempted to provide the
lowest rates to the consumer consistent with good service and
maintaining the plant, etc. There were some things over which
staff did not have control i.e., 'ncreases from the City's sup-
plier, the weather, etc., but tried very hard to peg the rate.at a
place where the utility system would have sufficient funds to
operate, maintain its plant, low rates to the consumer, and some
residual amount to be swept to the General Find at the end of -the
year.
Counci member Eyerly said he felt better about the response and
hoped that, was what happened. Later in the agenda was a report on
the gas utility, and it took a considerable number of years to get
any forward movement on how to make the gas utility more lucrative
for the City. He understood from the report that upfront money
world be needed because utility projects always took up front.
money,. He opined that the money could only come from profits of
the electric utility, which was proper for the gas utility because
it all dealt with energy, and saving the rate payers money. He
was concerned about the City's using the same process it had
because for the past several, years an extra profit suddenly
appeared in the electric uti l H,ty and staff automatically put it
into the capital improvement program or somewhere else without
requesting any direction from the Council. Council was free to
agendize the matter -after receiving a report and talk about it,
but Council was never asked where to put -the money. Next year he
wanted to see left over moneys in the electric utility left for
the Council to address in terms of where they should go because he
was really thinking about the gas utility.
Mr. Laner said the proposed Capital Improvement Program in utili-
ties was significantly smaller than the previous year because of a
large amount of money that moved over in the current , year.
because the capital program was so large, a lot did not get done
and the moneys were moved over, but that world not occur again
next year. .
Councilrrfefber. Eyerly said he was not just concerned about leftover
CIP .moneys, and clarified that he was referring to extra profits
from the electric utility.
Manager of.Rates and iegulations Randy Baldschun said that part of
the Price Waterhouse report was to look at a reasonable rate of
return on a rate base for the utility and inherent in that philo-
sophy was that electric rates ---or any utility rates°• -of a munici-
pally owned utiiity should be, as low as possible. In that regard,
he believed it wasLentirely appropriate to look at some mechanical_
device that did not currently exist in Palo Alto to do "Something
With -the utility revenues whether --there be a deficit =or surplus.
. -
3 5 1 0
_6/27/83
Councilmember Fyerly said he trusted the rates were set so there
would not be much profit; and if a minor amount of profit occurred
which was unpredicted in the budget before the Council, that the
Council address the matt4r next year rather than it just being put
into the CIP. He thanked the Council for the opportunity to dis-
cuss the electric utility with staff, and believed the information
was good for the public..
Mayor Bechtel said all items removed by Council were 'completed,
and that the time was appropriate to make additions to the bud-
get.
Councilmember Levy said a ''motion was made during the f&PW Commit-
tee discussions, which failed by a vote of 2-2, for the addition
of two Program Analysts in the Budget and Resource Analysis divi-
sion to implement the City's computer planning.
MQTIOY: Councilmember Levy moved, seconded by Witherspoon, to
approve the funds for two Program Analysts for the Budget and
Resource Analysis d1v. sion to implement the City's computer plan-
ning, but that the positions not be filled until after a Council
informational workshop devoted to the City's computer planning.
Councilmember Levy said Council would look for that work session
to occur as early as possible in the coming fiscal year.
Mr. Moore emphasized that the P&PW Committee already directed
staff to have a workshop for the council the maria '
the n�unaycuiG�lV 1lilti[-
rnation system (MIS) and to delay filling the positions until the
completion of that workshop would mean that the people would not
be on board to implement some o` the plans already in process and
a probable delay of anywhere from two to three months with the im-
plementation of the MIS.
Councilmember Klein said he voted against the motion at the Com-
mittee level. He was in favor of the workshop because the Council
needed further information about where the City was going on its
computer system planning, and that Palo Alto had long delayed
implementation of a necessary program and he did not want to see
further clelzys. He wanted the program to move ahead with all de-
liberate speed and was persuaded that staff had a plan in effect
that made sense, moved cautiously and would not waste the City's
money He urged a "no" vote on the motion.
Councilmember Cobb agreed with Councilmember Klein. As originally
presented, the MIS system would result in better service across
the board, which it should. He believed Council would look for a
net saving in terms of staff and efficiency in t : long run, and
that the MIS system would help bring the cost of government down.
He.agreed that the City needed to get on with the system as quick-
ly as possible.
MOTION FAILED. on a vote of 3-b, Renzel, Witherspoon, Levy voting
\` aye."
Councilmember Vazzino wanted to discuss the City tl erk's 1983-84
budget.
MOTION: Councilmember Fazzino moved, seconded by Cobb, that
Council approve the 'addition of a one-half time regular staff
secretary for the City's Clerk's 3983-84 budget.
Councilmember Fazzino did not believe he could add anything more
to what was said during the F&PM Committee hearings. = He recalled
a long Discussion at the meeting a couple of weeks ago and a long
liscusslon four= or fire'years -ago about the issue of minutes. At
that time and during the heated budget process of Proposition 13,
tt'e Council decided to contlnue the minutes process; established
back in 1971 as a necessary way to disseminate adequate public
3 5 1 1
5/27/83
information tau the community. It was fascinatung to walk in the
City Clerk's office and find that minutes for the years 1694 to
1971 took up about one and half rows, and 1971 to 198:3 took about
seven or eight rows._ ' He suspected that once the Council was
through with the current budget process, 1963 itself might take up
five or six rows. It was clear that the public appreciated the
minutes --they were very well done --and he asked the Council to
think long and nard about the comments made by Ann Tanner at the
meeting about the fact that the minutes were not verbatim. It
took a highly skilled individual to pull the information together
and provide what he considered to be an excellent job of edited
minutes. The problems with getting minutes out in a timely
fashion over the past few months had nothing to do with the qua1-
'ey of tine City Clerk's staff, but rather to do with the fact that
she was given a tremendous workload and desperately needed an
additional person to do the minutes. He strongly supported te
adoption of the motion and that Council move quickly ahead and ask
the Clerk to hire a one-half time regular secretary.
Councilmember Cobb said he was the dissenting vote on the. F&PW
Committee and supported the requested for a one-half person. He
was cautious about adding staff, but believed it 'was a case of a
small office in the City being heavily overloaded. The only
alternative to not providing the position was to change the work_
load. A motion was made at the F&PW Committee for the City Clerk
to, report on now to reduce the workload in her office if the posi-
tion could not be provided. He commented that tonight's packet
contained samples of minutes from vd ri ous cities called "a.ct.i on"
minutes as opposed to "sense" minutes. Given the nature of Palo
Alto and its intense interest and close scrutiny with respect to
the Council's actions, sense minutes were a useful public service
to report on the actions of individual Councilmembers, reasons
therefor, and also provided a measure of performance. He believed
sense minutes were valuable and the only way to maintain them was
to add the half person. If the Council was not prepared to add
the half person, he believed the Council must change the -way in
which the meetings were recorded to reduce the workload because he
was concerned about the burden in the City Clerk's office.
Councilmember Cyerly added his support for the half position
because he believed the City Clerk's office did a tremendous job,
but prior to last year when he was in the office so often, he
never realized what the City Clerk's office went through. There
was a lot of demand on the people who answered the phones from the
public, staff, etc., and a lot of demand from the public at the
counter. If the half position person who worked 20 hours a week
on the City Council minutes was ill, on vacation, or a holiday
fell on the day that person normally worked, either the Council
minutes or other things slipped. Last year when that happened,
one of the -executive- secretaries took over the minutes and pre-
pared the -initial draft from the tapes, which either impacted the
service to the public, staff, or Council or the minutes had to
slip. If that happened, the Assistant City Clerk oftentimes took
the draft off the tapes when she should be boing other things. He
believed those who saw what the Clerk's Office went through sup-
ported the position request. The F&PW Committee addressed action
mi notes versust sense minutes. He `previously believed that action
minutes would do, but having been on the:,,Council for d few years,
he realized that the public -wanted to know what went on; it was
helpful to the Council, and helped the appointed'positions. It
was necessary to maintain the type of tai nutes' cu rrent l,il being pro-
vided, and there was no way he.: would support cutting -,down the
workload -through- action minutes, and that it would be a waste of
time to consider it. He urged the Council toSupport the motion.
Councilmember Levy said ne found himself trying to be frugal with
a Council that seemed to --he unaware of any real substantive fru-
gality. It was only a few thtusand dollars and -personnel was
already added to the City Manager's office, the Planning• Depart-
ient, -and -now to the Clerk's office. Much of- the .,work was
3 5 l 2
6/27/83
yenerated by the Council, and he suggested that at some point, the
Council should consider whether the City benefited from the paper-
work workload. It .would be better_ `to get the minutes --faster, but
he was satisfied with the service received and agreed that de-
tailed minutes were necessary. He was satisfied if not every
Council meeting was reported back with full minutes within three
we(%s. Looking ahead, there were too many important things con-
fronting the Council in the near future -without funds to handle
them and he would look to everyplace possible to hold the line.
While it would be better to spend more money, he saw no reason to
not hold the I i ne and continue at the same service level enjoyed
in the past.
Councilmember Klein; shared Councilmember-Levy's concerns and, voted
not to add the position at the F&PW meeting. After talking. with
several members of the Council, he reluctantly changed his mind
and Would vote to support the additional half staff member. He
was concerned about the morale of the office and that the people
not burn out in their jobs, but shared Councilmember Levy's com-
ments that the turnaround time being discussed was a luxury and
that the Council should be on guard as to where their luxuries
were. Luxuries could no longer be afforded and while it was only
$IU,UUU a year, it added up quickly over the years and things had
a ' way of mushrooming. In the interest .of the office morale and
sinre he saw no support on the Council for changing the workload,
it was unfair to impose a workload and not provide the staff. He
hoped the Council would have gone the other direction to reduce
the burden of the minutes on the staff, and believed the City
could function with "action" minutes. The Council should remember
for the future as it. raced more of a financial crunch, that the
minutes being provided cost the City somewhere in excess of
$30,UUU a year compared to action minutes. Since the Council
desired to --retain "sense" minutes, he believed it was appropriate
to provide the Clerk with the staff necessary to accomplish that
goal. He would support the motion.
Councilmember Renzel` supported the motion, and asked for clarifi-
cation that the intent was to establish the equivalent of a full-
time person in the Clerk's office devoted to City Council' minutes
and that the person would only work on other material if these
were no Council minutes to be done. She agreed that it might be a
luxury, for Coun:i lmember•s to have their minutes rapidly, but for
the pudic it was important, as pointed out by Mr. Moss, to know
what happened at Council meetings. Action inutes did not provide
enough information to know what went on at -Council Meetings, and
it Was important to receive information on a timely basis particu-
larly on those items continued from one week to another. It was
important to have full information before the Council on continued
items, and she would support the position with the understanding
that there would be a full-time person devoted to Council minutes
in the Clerk's office.
Mayor Bechtel asked 'As. Tanner , if her understanding was that the
primary responsibility of the person added would be preparing
Council. minutes and. Only after that work were cot+pl eted, might
they- be assigned to other job;.
City Clerk Ann -Tanner said she intended to train the person to be
an excellent counterpart to the present position so that 40 hours
per week were devoted to City Council minutes.
MOTION PASSED by a vote of 8;1, Levy voting "no."
Councilmember Faz;.ino said since it was his last budget process,
he would provide Jay, Rounds and personnel a favor by not 'going
after Organizational Development or recruiting as he had for the
past five years. During the F&PW Committee process,-Councllmember.
Levy brought up the issue of the Director of Social and Community
Services, and he agreed with Councilmember Levy that the Council
needed to bite the bullet a641 eliminate the position. It was one
3 5 1 3
6/27/83
of the most unnecessary positions in City Hail, and an extra level
of bureacracy set up in 1973 to deal with the growing programs for
community services-- particularly that of human services contrac-
tors. Since that area was under control and H..l Anjo did a good
job of developing a procedure which applied 'to all contractors,
there was little need for the position. He believed June Fleming
could adequately handle the job from her position as k ;istant
City Manager to the degree that anything needed to be done. The
City -shad strong management people in that department-- Mr.
Thiltyen, Mr. Anjo, Ms. Levy, Mr. Kaplan, and others who were
well qualified --arid that an extra level of bureacracy was not
needed to help them to do their jobs. In fact, he believed their
manayements positions and their development in City Hall could be
enhanced by eliminating the position completely. He also believed
that when the City was able to eliminate an unnecessary position,
it should be done and not left it in the'budget for further study.
Staff would have studied the issue and position to death if they
waited one 'lore year along the lines of Mr. Zaner's proposal.
Even trough the money was not being spent in the budget for the
position in the next few months, it would be -easy for the position
to be fitlef1 because of the fact that it was in the budget.
MOT1ON: Councilmember Fazzino moved, seconded by Eyerly, that
the position of Director of Social and Community Services be elim-
inated_
Mayor Bechtel argued against the motion because she believed the
Assistant City Manager was taking on double job responsibilities
in the interim period. Without the Assistant City Mayers tak-
ing on the supervision of the various people in that department,
those people would be reporting directly to the City Kanager, and
it was inefficient for a City Manager to have more than 10 or so
people reporting directly to him. The Assistant City Manager was
very busy working on other issues as well.
Councilmember Levy asked the City Manager about his plans to fill
the position.
Mr. Loner said the commitment he made, to the Council a year ago,
when he recommended not filling the position, was to retain the
position in the current fashion through the next fiscal year, and
duriny that period, arrive At some conclusion as to how the orga-
nization of the department should look in its ultimate form. The
purpose of having Ms. Fleming move into the slot was to provide an
opportunity to look at the department, do some necessary mar ge-
ment work, aad bring new peop'.e into the department to help
strengthen its na agement as wei . He intended to look at the
position prior to the next budget, determine whether it required
some reorganization, and make that recommendation to the Council.
The commitment was wade to the Council and the members of the
department before that no changes would be made without consulting
them and doing the type of analysis proposed.
Counciimember ,Levy believed the item should be stricken from the
budget. He presently had every 'confidence in the way the City
Manager structured his administration and was more than happy to
give him f' 11 discretion, as mandated in the City Charter, as he
#7,oftinued to structure the way departments were_ administered and
reported to him. The City Manager indicated the pv ition would
not be filled this :year, and he Opined that • it-- should not appear
in the budget. He believed that taking the position from the bud-
get was a statement on the part of the Council that it wanted the
City Manager: e •look at the administration of Social and Community
Services in a \1Ay free from any bias on the- part of the Council
and allow him to come back with; any changes or recommendations for
the staffing —and administra n. He favored' that the -budget
recognize the _.reality that neither the administration nor Council
desired or~ expected to fill the particular position this year.
3 5 1 4
6/27/83
Councilmember Fletcher said she was not yet ready to strike the
position from the budget. The Council expressed.concern for the
workload in the City Clerk's office and Planning Department
because it worked with those departments and saw what went oh and
could make soiile judgments. She could not make judgments in --Social
and -Community Services because she did not know what went -on
there and -did soot have the same contact with. that division as with
the Planning Department or City Clerk's office. She said she
would rather leave it to the City Manager to make that decision or;
at least make a recommendation to the Council after the evalua-
tion.
Mr. Laner commented that hy eliminating the position a false s4.g-
nal that the position could be done without was sent not only to
the community,- but to the organization, and staff was not sure
-
that was_correct. Further, it removed any incentive on the part
of administration to experiment and try to refine the organization
and make it better. Ms. Fleming was moved into the position
because there was an opportunity to move into an area that needed
strengthening in management with the knowledge that it would take
a while. Rather than going out and hiring an individual and put -
tiny them "untested" into the position to see what they could do
with, a trained proven administrator moved in, doubled her work-
load, and c+.id the additional work. Staff now had an opportunity
to lnnk at tha raciiltc and ctriirtiira tha danart►gnnt cn it marls
sense. It might turn out that it made sense not to fill the posi-
tion, but it might make more sense to -fill the position. He used
the utilities Director slot as an analogy where in order to get
more experience in utilities he took the position. Obviously, the
motives were different, but the end result was the game, and he
urged the Council to leave the position in the budget so that the
funds were there in order to fill the position if necessary.
Councilmember Eyerly said he wanted to provide the City Manager
with a signal that the department was well run over the past year.
Perhaps Ms. Flerni g was overloaded with work, and ff that was the
case, and if there was no other way to handle it, the position
could be requested in next year's budget. He believed it was
pointless to leave the position in the budget this year not know-
ing what to do with it. If it were determined that the position
was needed, the City
Manager could ask for i-t, thereby substan-
tiating that it was an overload for his Assistant City Manager.
Counci?member Cobb wondered whether -there might not be a better
way to handle the matter by leaving in the position and zeroing
out the budget, and control the budget lthout doing Mr. Zaner's
Job for him. -
Councilmember Klein said it was strange._.to discuss an item during
the budget deliberations with --no fiscal impact whatsoever on the
City. The Council had the City Manager's commitmeit not to fill
the position without discussing it with the Council so no money
would be spent-. They were talking about a style of management and
he believed that on balance, it was appropriate to leave the posi-
tion An the budget to -have .an orderly and thorough discussion
about how it should- be structured. - To willy-nilly. strike the
position and its support secretary on the basis .of a ten or fif-e'
teen minute discussion withoutea staff report or analysis -about
how it should be.:handled, was not the way to run the ship. He
would :+ote to retain the position in the budget with the under-
standin-g that it was a management device for handling the matter
in a -logical and straightforward manner. - -,
Councilmember Renzrl concurred With Councilmember Klein, -and added
that while Ms. Fleming was doing an admirable: job-- on the clay to
day operations of the City as well- as on her substitute role-, the
full time position was added to Ms. Fleming's already full time -
position. It was reasonable to expect=-- every staff member, to be
able to perform under that kind of pressure on a short term ba is,
3 5 1 5.
6/27/83
but there should be flexibility for that to change as appropriate
within the organization without an extraordinary budget:armendment
from the City Council. She would oppose the motion and -support
retaining position in the budget.
Councilmember Fazzino responded to Mayor Bechtel's comment that he
believed it was apprue Late that a number of managers in City Hall
reported directly to the Assistant City Manager. That was his-
torically the case and would continue under the method enipl oyed by
Mr. Laner at the present time. Wi*,h respect to Counci'member
Klein's comments about the 15 minutes of willy-nilly discussion
and the quick way in which the`Council was dispatching the matter,
he reminded him that the issue was discussed a number of years ago
during the Jarvis discussions of 1978, and'Mr. Sipel expressed his
own serious concerns about the position and the long term possi-
bility that it be eliminated. He. believed a number of people who
participated in those discussions could back that up. The issue
was studied for a long time, the position was necessary in the
early 1970's when the City was adding human service contractors
year in and year out, and the Councilmembers and .Mr. Zaner were
kidding themselves to think there was any way to equate the posi-
tion with the Director of Utilities. He believed that leaving it
in the budget when it had no fiscal impact was a poor budgeting
J � L l
approac:ii, and even trough the motion wou i c be defeated, he was
sure the position would be completely eliminated in a year.
Mayor Bechtel clarified that her vote in opposition to the motion
was not intended to tell staff that the position should stay, but
rather that she wanted to hear the reasons pro and con about the
oryanizational plan for the development and the management of the
City.
MOTION FAILED by a vote of 3-6, Eyerly, Fazzino, Levy voting
"aye."
MOTION TO APPROVE THE BUDGET AS AMENDED PAsSE1i unanimously.
Mayor Bechtel concurred with the earlier comments to thank staff
for an excellent job, and particularly the Clerk's office for snak-
ing certain the Council received the 183 pages of minutes.
Councilmember Cobb complimented Councilmember Klein for an out-
standing job chairing the F&PW Committee. He asked to be recorded
as "not participating". on Item #28, the Adolescent Services Cor-
poration budget, since he was member of the board. Further, he
asked his colleagues indulgencz and to 4a.ive the rules so that he
could officially go.back and ask the City Clerk to record his vote
on Item 12, zone change ordinance for the old Ortega School site,
as being a "no" rather than "yes" vote. Fie said he was frustrated
with the situation and punched his . green light a little faster
than he should --have-- and on reflection wanted it shown as a "no"
vote. If eouncil agreed with that, he was advised by the City
Attorney that _he did not need to go further with any motions.
City Attorney Diane Lee believed the procedure was proper if the
Council would allow Councilmember Cobb to change W. write by waiv-
ing the rules. There was a rule in existence that a vote had Rto
be -changed immediately preceding the next item, bilt that was 'a
Council rule and could be waived if the Council chose -to do so.
MOTION: Ceencilaeiber Ranee' moved, seconded:by Klein, to_waive
tiie rules to allow Coaaci lmember . Cobb to change his 'vote on Item
12 -'from "aye to "no.��
MOTION PASSED rnealaodsly..
M y,or tlechtel suggested that Items,#17 through #34 be treated as
consent- items with on`e motion for all. If there were any members
-of the Council- who wished to remove the items* or any members or
the public -'who wished to speak to any of those items-, it could -be
3 5 1 6
6/27/83
removed. She removed Item #26, project mobility, because she had
a card from a me1i%ber of the puhl i c who wished to speak to 1 t 3m.
Mr. Zaner asked the.Council to note that the individual figures in
item #31, the amendment to contract with Midieninsula Citizens -for
Fair Housing, were correct, but that the total should read
$19,300.
MOTION: Councilmember Cobb moved, s*donded by Renzel, approval
of all contracts -under Items 117 through 134, except 126, Project
-::ability, and Item 131, Amendment to contract with Midpeninsula
Citizens for Fair Housing, be amended to show total of $19,300.
Councilmember Cobb said he would not participate on item X28, Palo
Alto Adolesce,1t Services Corporation.
ITEM a17, CITY OF PALO -ALTO RECYCLING SOLID WASTE PROGRAM
(GMR:31)1:3
It is recommended that Council approve the proposed contract with
the Palo Alto Sanitation Company for the operation of the City's
Curbside Recycling Program and Recycling Center for forty-three
(43) months, expiring January 31, 1987.
AGREEMENT - OPERATION OF CITY OF PALO ALTO
RECYCLING SOLID WASTE PROGRAM
Palo Alto Sanitation Company
ITEM #1o, REFUSE uiSPOSAL AND MAi r T ENANCE OF T RHSU RECEPTACLES
(CI:J6U:3)
Staff recommends that the Mayor be authorized to execute the con-
tract with the Palo Alto Sanitation Company for emptying and main-
tenance of street trash receptacles, expiring June 30, 1984.
AGREEMENT - REFUSE DISPOSAL AND
MAINTENANCE OF TRASH RECEPTACLES
Palo Alto Sanitation Company
ITEM #I9, NEWSPRINT- RECYCLING PROGRAM (CMR:353:3)
Staff recommends that Council approve the contract with the Com-
munity Association for the Retarded' for the promotion of newsprint
recycling from July 1, 1983 through June 30, 1985.
AGREEMENT NEWSPRINT RECYCLING PROGRAM
Community Association for the Retarded
ITEM #20 LOW ANU MODERATE INCOME HOUSING SERVICES (CMR:311:3)
Staff recommends that Council approve the agreement with the Palo
Alto Housing Corporation.
AGREEMENT - LOW ANA MODERATE INCOME HOUSING
Palo Alto Housing Corporation
ITEM #21, CRIME ANALYST PROFESSIONAL SERVICES (CMR:381:3)
Staff recommends that the Mayor be authorized to execute an agree-
ment with Ms: Carol Masek effective front July 1, 1983 to. March 31,
1984, to continue professional services to support chi crime ana-
lysis function of :thc Palo Alto Career . Criminal Apprehension <Pro-
gram grant project. Sufficient funding, not to ,exceed $2,200 per
month is included in the -1983-84 . Police Department budget.
AGREEMEt r CRIME ,AI ALYST PROFESSIONAL SERVICES
°ar Mesek,
3 5 1 7
6/27/83
1fEM #22; CLINICAL LABORATORY TECHNULOGIdT SERVICES (CMR:373:3)
�R*ar.ens■�rr�..��...�w+ere.r�+wen in. i.r .m.a ®i.
y.t ff recommends that the Mayor be authorized to execute the
agreement with Milton -Srnith, Jr., for -fiscal year 1983-84 to pro-
-vide services as required by the California Vehicle Code.
AGREEMENT - CLINICAL LABORATORY
TECHNOLOGIST SERVICES
Milton W. Smith, Jr.
ITEM #23, MASTER SOCIAL WORKER PROFESSIONAL SERVICES (CMit:384:3)
Staff recommends that the Mayor be authorized to sign an agreement
with the Santa Clara County Department of Social Services for the
Master Social Worker's services in the Police Department.
AGREEMENT - PROFESSIONAL SERVICES
MASTER SOCIAL WORKER
County of Santa Clara Department
of Social Services
ITEM #24 HEALTH RESOURCES COORDINATOR PROFESSIONAL SERVICES
Staff recommends that Council fund the stress management, program
for fiscal year 1983-84. The program will continue to be evalu-
ated r eyaruiuy i cs success in reuuciny stress-reiated pro gems in
the Police Department.
AGREEMENT - PROFESSIONAL 3ERYICES
HEAL"(H RESOURCES COORDINATOR
Sue Walima
Ellen Kirschman
ITEM #25, CAPA COMMUNITY BOX OFFICE (CMR:346:3)
Staff recommends that the Mayor be authorized to execute the con-
tract renewal between Council for the Arts Palo Alto and Midpenin-
sula Area (CAPA), CAPA Community Box Office, and the City of Palo
Alto for fiscal year 1983-84.
AGREEMENT - COMMUNITY BOX OFFICE
Council for the Arts Palo Alto and Mid -Peninsula Area
ITEM #27, PROJECT MOBILITY (CMR:382:3)
Staff recommends that the .Mayor be,auth rized to execute the Pro-
ect Mobility service contract for fiscal year 1983-84 with Mid-
Penirsula Cab Co. for taxicab service.
AREEMENT - PROJECT MOBILITY
Mid -Peninsula Cab Company
ITiM_44B, HUMAN SERVICES CONTRACT FUR FY 1983-84 (CMR:388:3)
Staff recommends that Ole Mayor be authorized to execute the con-
tract between Palo Alto Adelse3cent Services Corporation and the
City of Palo Alto for fiscal year 1983-84.
AMENDMENT NO. 2 TO CONTRACT NO. 4164 PALO ALTO
ADOLESCENT SERVICES FISCAL TEAR 1983-84
Palo Alto Comereity Adolescent Services Corporation
ITEM #291 HUMAN SERVICES CONTRACT FOR FY 1983-84 (CMR:325:3)
Staff recommends that, the Mayor beauthorized to execute the con-
tract betwee4 Palo Alto Community Child Care, Inc. and the City of
Palo Alto for fiscal year 1983-84.
3 5 1 8
6/27/83
AMENDMENT NO..4 10 ?, NTRACT N0. 4017
CUMPREI;E'iSIYE CHILI) CARE PROGRAM FISCAL YEAR 1983-84
Palo Alto Community Child Care
ITEM ,f cia HUMAN SERVICES CONTRACT, FOR FY 1983-84 (CMR:391:3)
OL1�I!•f��rlen��au�.� rr� .�r,�. _
Staff recommends that the Mayor be authorized to execute the con-
tract between Catholic Social Services - Shared Housing Services
and the City of Palo Alto for fiscal year 1983-84.
AMENDMENT N0. 1 TO CONTRACT 110. 4230
SHARED HOUSING SERVICES FISCAL YEAR 1983-84
Catholic Social Services, Inc.
ITEM #31- HUMAN SERVICES CONTRACT FOR FY 1983-84 (CMR :390:3 )
Staff recommends that the Mayor he authorized to execute the con-
tract between Mid -Peninsula Citizens for Fair Housing, Inc. and
the City of Palo Alto for fiscal year 1983-84.
AMENDMENT N0. 1 TO CONTRACT N0. 4231
FAIR HOUSING SERYICES FISCAL YEAR 1983-84
Mid -Peninsula Citizens for Fair Housing
ITEM #32, HUMAN SERVICES CONTRACT FOR FY 19tH -84 (CMR :386:3 )
start recommends that the Mayor be authorized to execute the con-
tract amendment renewing the contract between the Senior Conrdi-
na ti ny Council of the Palo Alto Area, Inc. and the City of Palo
Alto for fiscal year 1983-84.
AMENDMENT NO. 5 TO CONTRACT HO. 4019
SENIOR COORDINATING COUNCIL OF THE PALO
ALTO AREA, INC. FOR FISCAL YEAR 1983.84
Senior Coordinating Council of the
Palo Alto Area, Inc.
ITEM #33, HUMAN SERVICES CONTRACT FOR FY 1983-84 (CMR:389:3)
Staff recommends that the Mayor be authorized to execute the con-
tract between the Mid -Peninsula Support:Network and the City or
Palo Alto for fiscal year 1983-84.
AME1lDMERT NO. 2 TO CONTRACT N0. 4165
MID -PENINSULA SUPPORT NETWORK FISCAL YEAR 1983-84
Mid -Peninsula Support Network
ITEM #34, TELEPHONE INFORMATION AND REFERRAL SERVICES (CMR:387:3)
Staff re.sommenas that the Mayor be authorized to execute the
agreement between Palo Alto Area Information and Referral Ser-
vices, Inc. and the City of Palo Alto for fiscal year 1983-84.
AGREEMENT - TELEPHONE INFORNATIUII
AND REFERRAL SERVICES (1983-84)
Palo Alto Area Information and
Referral Services
MOT10N PASSED unaimously, Cobb 'Not participating" on Item 128,
re Palo Alto Community Adolescent Services Corppration.
ITLM #26, FK�3J£CT MUE3II.ITY (C.MR:3tSZ..�')
0.1U.: r.ar.....rr.r.�r tin,.. L:
Councilmember Levy asked whether the meter or flat rate was cheap-
er. .
director of Planning and Community Environment Ken Schreiber
responded that it depended =upon how the various combinations were
put together -the flat rate combination of Peninsula Cab was the
least expensive, Jut the flat rate only of Mid -Peninsula Cab Co.
3 5 1 9
6/27/83
was the least expensive for cab, but not the van ser ice. He said
that conbininy taxi and van service and using the flat rate,
Peninsula Cab was the least expensive.
Councilmember Levy asked whether the the Yellow Cab metered alter-
native was comparable to the other metered alternatives.
Mr. Schreiber responded that metered fares were the same for the
basic cab services. -
Councilmember Levy asked for clarification that the recommendation
was to approve the metered fare for Peninsula and Mid -Peninsula,
but not Yellow Cab, and if so, why.
Mr. Schreiber said that was correct. Yellow Cab Company did not
meet Palo Alto's minimum fleet size qualification --number of cabs
in service.
Councilmember Levy clarified that Yellow had five cabs and that if
Yellow did not participate, the number of cabs available to the
users of the service would be reduced by five. He believed that
the inclusion of Yellow would better serve the patrons of Project
Mobility and asked why that was not a recommendation.
Anthony Bennett', Senior Assistant City Attorney said he under-
stood tnat start was concerned about administering three contracts
with the metered rate which required verification of available
cabs and that rate were being charged fairly. Overseeing the
program added more costs than could be reimbursed with five addi-
tional cabs. He understood that a couple of years ago the Council
expressed the concern about having too few cabs or just one com-
pany, and that in order to, get the proper number of cabs, at least
two companies were needed, and that the-tidmynistration involved
did not justify using three companies, especially one that d+:d not
meet the City's standard for minimum number of cabs.
Mr. Schreiber said Mr. bennetti's comments were a good summary of
the background policies adopted by the Council Jots previous con-
tracts. -
Councilmember Levy asked whether the cost of Supervising a metered
program related to per meter and that the number of cabs did not
change the cost of supervision.
Mr. Schreiber said thk. cosh of supervision was basically an audit-
ing/monitoring function --tire more contractors, the more checking
and work necessary with the cab companies; dispatchers, review of
records, etc. The amount of work it would take to supervise
another contractor with five -cabs was not in proportion to the
number of cabs.
Vincent Maggiore, Peninsula Cab Leasing Company, 190 Calderon
Avenue, Mountain View, also known as Yellow Cab Company of Palo
Alto. Other companies operating in Palo- Alto included Palo Alto
Cab Company also known .as MOO -Peninsula Cab Company; and Palo Alto,
Yellow Cab'.. He reiterated that he. was Yellow Cab Company of Pa 1'o
Alto. Two years ago, the City Council authorized Palo Alto 'Cab
Company to use the .name Palo Alto Yellow Cab. He signed a con-
tract Thursday afternoon in the Transportation Department for half.
the Project Mobility contract--the-other half of which,wou.ld be
shared with MidPeninsula Cat' Company, -and Friday morning received
the staff report Which reflected that he was the low bidder on the
project mobility ,contracts-. Attachment 2 of the .report showed
thbt his overall cost per trip rates came to $5.11, and 'included
transportation under project mobility, van, and taxicab service
into Palo -Alto._ The closest bidder, --was Mid -Peninsula Cab Company_
at I5.32. He believed Palo Alto -deserved one strong and viable
taxicab company --a paratransit organization with- handicap_ lifts
and a van service all of which he had. He was -unable to use his
equipment tieciuse there were so many cab companies in Palo Alto.
3 5 2 0
6/27/83
His ways the only taxicab company shoring improvement- in cabs and
service and d reinvestment back into the.taxicahs. As pointed out
b.y Councilmember Eyerly, when money was put bark into something,
one expected sore return, and it was senseless for him to keep
reinvesting money, operating his fleet, and going no where. He
spun his wneels in Palo Alto for five years, and as public trans-
portation deteriorated, Palo Alto and other cities, would have to
start looking towards the cab companies to have some sort of van
service to provide all around paratransit service to the coin- mu-
nity. He protested the division of the contract because he
believed Peninsula Cab Leasing Company should have been awarded
the entire contract with the low bid of $5.11 on the overall ser-
vice for project mobility.
Vice Mayor Witherspoon asked the City 'Attorney under what terms
the bid was put out, and whether the contract excluded the City's
policy to award a contract to all qualified bidders falling within
a certain price range.
Mr. Bennetti said 'staff explored the possibility of awarding a
contract on the basis of the flat rate, but since bids came in
differently, the City reserved the right to split the contract and
award to more than one bidder. Contractors were also asked to bid
on a basis other than the flat fare, and all of the City's options
were basically kept open. A contract was already awarded tonight
to P4iri-r?aiti,nc„la Cah f nm„ten«_ nn fhe flan e,rcp rate f.f $1.20.
Council did not presently have a contract with Peninsula Cab Leas-
ing Company although a contract was_signed f.nr their flag rate
drop rate. Mr. Maggiore was correct about his` overall cost of
pb.11, but his flat rate fare for taxicab service was about 40
cents higher than Mid -Peninsula Cab Co=mpany. It was his van ser-
vice rate that brought his overall rate down. Since the City had
a right to split the -contract, the Council could award the taxicab
portion toMid-Peninsula Cab Company and the van portion to Penin-
sula Cab Company, but since 90 percent `of all trips were taxicab
service, staff did not believe that Mr. Maggiore would be inter-
ested in only the part of the contract related to van services. A
lot computations were based on the Council's expressed belief two
years ago that having more than one cab company participating
would keep more cabs on the street. Staff recommended that a con-
tract be awarded -on the sa=me basis, as last year --the flag rate --
which was partially enacted tonight by awarding the contract to
Mid -Peninsula Cab Company. Council's choice was to award the
other half of that contract to Peninsula Cab Company or some'other
permutation thereof.
Vice Mayor Witherspoon was concerned about Mr. Maggiore's Com-
plaint that unauthorized, unlicensed cab companies were operating
around town, and believed that if the City awarded contracts. -far
those services, it was obliged to assure that the companies .with
contracts were protested. The public had no way of knowing what
'company was licensed, and she asked how a policing action could be
effected.
Mr. Schreiber said the other companies did not participate in pro-
ject mobility and were not contractors. The enforcement function
related to the question of certificates of need and how to handle
an uncertified cab company_. He deferred to'the City Attorney`s
office for response.
Mr. Bennetti said the Palo Alto Muni c; pa 1 Code required taxicab
companies to. obtain a certificate of need to operate in the -City
of Palo Alto, and violaters were Subject to enforcement action by
the City. Nr. Schreiber was correct that participants in project
mobility were instructed to use the City's e. ontractors and that
other companies were not compensated.
Councilmember Eyerly said that in- previous years,: the Council
spent many hours hearing from -taxi cab owners regarding who would
,. obtain the certificates of. need. -Now the City issued certificates
3 5 2,'1
6/27/83
to three cab companies, and from what he heard tonight, he asked
staff to cor;ment on whether that policy was still viable.
Mr. Laner said no consumer complaints had been received and the
number of cabs on the street seemed to be aoequate. The City's
permit inspector An the Police Department was responsible for the
issuance of certificates and permits, and it seemed to be working
well. Staff did not attempt to monitor how much each cab com;,any
made in return on investment and the public seemed to be well
served,
City Attorney Diane Lee said the City was in the anti-trust realm,
and should look in escence to anything which smacked of exclusiv-
ity.
Councilmember Levy asked whether it was cheaper to have a metered
or fiat rate, and whether the overall passenger trip described by
Mr. Maggiore was the key determining factor in the flat r..te cost
analysis. He asked for clarification that in the flat rate bid,
Mr. Maggiore's bid was the lowest.
Mr. Schreiber said. Council should separate the taxi service and
the cost per passenger trip from the van service and combine flat
rates and meter rates witr different van services to come up with
different combinations.
Councilmember Levy asked if the $4.58 cost per passenger trip was
the lowest flat rate on taxi service.
Mr. Schreiber said that was the lowest bid for that part of the
City's contract.
Councilmember Levy asked about the cost per passenger trip for
metered rates.
Mr. Schreiber responded it was $5.
Councilmember Le4y asked why the City would accept the metered far
with both flat fares were lower.
Mr. Schreiber responded the staff recommendation was based on the
Council's expressed desire some years ago to award the Project;
Mobility contract to more than one cab company --to basically all
qualified bidders.
Councilmember Levy asked who paid the extra money from the Council
policy,
Mr. Schreiber said it was a combination of user fees plus Transit
Development Act funds from the State.
Councilmember Levy asked if the public was better served by having
two companies.
Mr. Bennetti said he understood that staff original=ly wanted a
minimum .of ten tabs per company to serve the program, and ideai'y
to have ten cabs available on the street at any one tide. Item
'Pb, on attachment 1, under "number of cabs in service," showed
that no one cab company could provide ten ,cabs on the streets, on'
the weekend, so it made sense to double„up the two highest cab
companies and end up with at : l exist . 11 cabs on the streets on
`Saturdays and Sundays.
Councilmember Levy asked why the City did not acceptthe flat fare
when it:' war ::;.wc. the metered fare of each.:
Mr. Schreiber said staff's problem with accepting the flat fare
was that two_ 4l f f erent bid amounts were received. The radmi ni st ra-
tive problems and confusion of tiloc.different fee schedules. within
the project mobility program was `not cost effective for the the
relatively small difference in dollars, and staff would spend 'more
3 5 2 2
6/27/83 ;
A
1
time administering two different fee',chedules and explaining it
to the public. Staff wanted to pursue the flat rate concept fur-
ther during the next year, but with two different costs per trip,
it would not be productive to go that route at this time.
MOTION: Councilmember Levy moved, seconded by Klein, approval
of the staff recommendation that the Mayor be authorized to exe-
cute the Project Mobility service contract for fiscal year 1983-84
with Peninsula Cab Leasing Co. for taxicab and van services.
AGREMENT
Peninsula Cab Leasing Company
-MOTION PASSED unanimously.
MAYOR BECHTEL RE ITEM #20, PALO ALTO HOUSING CORPORATION CUNT.RACT
Mayor Bechtel said a member of the public wished to address the
Palo Alto Housing Corporation contract which was already approved
by the' Council. She responded to a telephone call she received
from Mr. Moss -today today for assurances that adequate information w `s
obtained from the contractor in the rental housing acquisition
program. She was assured by staff that adequate .information was
required. but not spelled out in the contract because that level
of detail was not needed by the contract. She was further assured
n_ � a �
isle ra1V ill%v siiiU�lif .Ui p%Iol.1Uti tIId1. iatie IIIiUI'lloLioll !IC
asked about ;;as received prior to ar.tual acquisition. She advised
Mr. Mos; that the contract was already approved, and that his rrom
nnents would be out of order at this time.
ITEM 035, NORTHERN CALIFORNIA POWER AGENCY AND PACIFIC GAS AND
NY INTERCONNECTION. AGREEMENT [CMR:
•
MOTION: Councilmember Eyer1y moved, seconded by Witherspoon,
approval of the resolution and agreement.
RESOLUTION 6145 entitled "RESOLUTION OF THE COUNCIL. OF
TWE CITT or PALO ALTO APPROVING AND AUTHORIZING THE
EXECUTION OF THE INTERCONNECTION AGREEMENT BETWEEN
PACIFIC GAS AND ELECTRIC COMPANY AND NORTHERN CALIFORNIA
POWER AGENCY, CITY OF ALAMEDA, CITY OF BIGGS, CITY OF
GRIDLEY, CITY OF HEALDSBURG, LODI, LOMPOC, CITY OF PALO
ALTO, CITY OF ROSEVILLE, CITY OF UKIAH, AND PLUMAS
SIERRA ELECTRIC COOPERATIVE'
INTERCONNECTION AGREEMENT BETWEEN PACIFIC GAS AND
ELECTRIC COMPANY AND NORTHERN CALIFORNIA POWER AGENCY,
CITY OF ALAMEDA, CITY OF BIGGS, CITY OF GRIDLEY, CITY OF
HEALDSBURG, LODI, LOMPOC, CITY OF PALO ALTO, CITY OF
ROSEVILLE, CITY OF UKIAM AND PLUMAS SIERRA ELECTRIC
COOPERATIVE*
Councilmember Refuel asked about a minor amendment made by`\the
City Council when it last discussed the matter, and whether it, was
incorporated.
Anthony Sennetti,' Senior Assistant City Attorney said staff went
through a long process to approve the arbitration agreement be-
tween the Northern California Power Agency (NCPA) and PG&E, and
did not give unconditional approval of the arbitration agreement.
PG&E then claimed that conditional 'approvals amounted, t.o... no. ap-
proval-, but agreed tp meet outside -:the drbtration.=process .with
IiCPA to hammer out an agreement. That -was done, andtheagreement
before the Council satiSfactrrily addressed the questions raised,
;and staff recommended approval and rexecution of the . a.greement and
resolution.
3 5'2 3
6/27/83
Councilmember Cobb was concerned about the threesyeiir nut1fication
for PG&E's cancellation. He asked how much danger there was that
PG&E might decide to back out.
Manager of Energy Planning Bob Nagel said NCPA fought to have the
three years extended, but was unsuccessful. Staff was, unhappy
about it, but if there was to be an agreement, the City had to
ayr2e to the three year notice
Councilmember Cobb said if the City received a three year notice,
he asked what kinds of actions could be taken to protect the
City's interes`s.
Mr. bennetti said that under the current agreement, PG&E cut off
supplemental power on two years notice so that three years was an
improvement. Though three years was not as much as FICPA would
like, the City -`would have the opportunity, in the three year
interim, to file an application for an interconnection agreement
before the Federal Energy Regulatory Commission (FERC). When the
agreement terminated, PG&E was still obligated to wheel power
under the Stanislaus commitments. The Stanislaus commitments
would remain in effect if the proposed interconnection agreement
were terminated according to its terms.
Mr. Nagel said PG&E was still required to provide most of the ser-
virac iindar the tprmc of tha Stanislaus commitments made before
FERC. ` The City would have to then negotiate through the
Stanislaus commitments to gel those services continued.
Councilmember Cobb asked about whether it would include the
Calaveras power when it came along.
Mr. Nagel said yes.
Vice Mayor Withersvion .commended staff for. a very good agreement
considering the handicaps that had to be overcome to get it.
MQT1Oli PASSEL) unanimously.
iT�EM�����3TAFF REPORT
RE NATURAL GAS SUPPLY AND DEVELOPMENT
Councilmember Eyerly said the report was in depth, well written,
and provided Council with a feeling for what might happen in the
gas utility. He believed the steps outlined on pages 10 and 11 of
CMR:370:3 were logical, and suggested a:returf staff report as to
the progress made in six months along with comments on funding for
up front monejs.
Manager -of Rates and Regulations Randy ba l d.schun said that one of
the first steps was 'to come up -with some financing because of the
up -front money needed for any of the projects. He believed staff
would have some ►dea about financing within the six month period
and that a progress report would be provided. In terms of nego-
tiating a wheeling :agreement with PG&E, he would not hold his
breath for one in six months. There would be discussions with
other gas.; producers in the weeks ahead on various projects, and if
one appeared reasonable, staff raight return to Council within the
six month period.
$UTION: Coi*cileea!►er Eyerly moved, seconded by Cobb, to adopt
the staffrecOlaeadations as follows
1. Begin a d1alggue with PG&E which will lead to aegotiatikg a
fair and reasonable wheeling agreement of natural gas;
Continue to pursue-dbtainieg favorable wheeling legislation;
3 5 2 4.
6/27/83
MUT I Off! CUNT I HUED
3. Continue refining cost data and other information regarding
the alternative approaches available to the City for securing
a supplemental gas supply;
4. Perform a present value economic analysis: on several of the
more attractive approaches;
5. Continue discussions with the City of Santa Clara and Stanford
University regarding possibilities for joint participation
agreements;
6. Keep Council informed of any significant developments, return-
ing to Council for approval of a- PG&E wheeling' agreecaent or
any other matter such as establishing a Gas Supply and Devel-
opment Reserve (iSUR) in the gas utility; and
Staff to report progress within six months.
MUTTON PASSED unanimously.
ITEM #i7, REPORT OF CITY ATTORNEY RE CHARTER AMENDMENTS FOR THE
>VUYEMBEt 1983 ELECTION
C i t) Attorila r Lhe Au Hot. Cuiuiii i i tee on the City's
Financial Structure received a .copy of the charter amendments
related to the auditor position and then.
...... .i a �.v. F.v.a � �, �vn, there were some con Gi=r'fIS
regarding the bracketed language on page five of attachment A. A
subsequent meeting was held which resulted in the following sub-
stitute language. Attachment A, page 5, second line of first full
paragrap, strike the apostrophe "s" after City and add, "depart-
ments and officers responsible far accounting -and financial man-
agement," and strike everything from financial through procedures
on the next dine. The sentence would read, "It shall be the duty
-of the City Auditor to ensure that the City departments and
officers responsible for accounting and financial management com-
ply with statutory requirements and accounting standards."
Mayor Bechtel asked for clarification that the brackets would then
be eliminated.
Ms. Lee said that was correct. She believed,the lan-guage resolved
everyone's difficulties and satisfied the committee represented by
Mr. Patitucci.
Councilmember Renzel clarified that the change on page 7 autho-
rized the Council to grant a .,,franchise for cabl-e. television and
basically asked the public to give up its authority for that
authorization after some further decisions'by Council.
Ms. Lee said that was correct.
Councilmember Levy said that one of the current functions of the
''`Controller was to sign .the ' _tacks, and he asked if that would also
be a function of the City Auditor.
Ms. ,Lee said the Financial Officer of the City would sign checks.
Councilmember Levy clarified the Financial Officer would report, to
the City Manager'.
City Manager Bill Zaner said that was correct.
Councilmember`Levy said he believed it was a good idea,to have the
i,ity Auditor sign -the checks, and he asked Mr. Patitucci to com-
ment.
Chairman of the Ad Hoc Committee on -the -City's Financial -Struc-
- ture, Frank Patitucci believed it would be unusual to have a City
3 5 2 5
5/27/83
Auditor sigh. the checks. It might be -appropriate for two dif-
fereot people in a financial management capacity sign the checks,
but- not the auditor as characterized in the job description.
Counci imember Levy said he_ believed it would be *,le best way to
ensure that the checks_ were signed for their appropriate purpose.
Mr. Patitucci did not agree. He believed that in the case of the
school district, the school board approved every check voucher at
each meeting, which provided a false type of control. The auditor
was conceived as a person who reviewed and ensured that the people
carrying out the .various activities were complying With appro-
priate standards for the kinds of transactions be handled, and
reporting that information in accordance with certain standards so
that from report to report, the Council could be assured of its
information. Involving the auditor in the day-to-day activity of
signing checks or approvinq vouchers would be inappropriate as the
position was conceived. He said one reason for cla-rifying the
point was oecause it would be the auditor's job to ensure that
people were actually doing. the work in conformance wiih standards
rather than implying that the auditor would actually do the work.
Cougcilmember Levy said regarding -the cable television franchise
item, the electorate would still maintain its riyht to vote on all
other franchises. and that only the cable television franchise
would be different, and he asked why the cable television fran-
:h:,c should c diitcreruu. From any other franchise.
Ms. LOP said it would difficult to
be ui r i I ll i t. put such a complex matter as
the cable television franchise on the ballot, and that there was
also the matter of timing.
Counciimember Levy said if he were to start from scratch, he did
not know whether he would want to put a frarictzise to the elector-
ate, but regardless, the specific language was contained in the
City Charter. He believed if the language was incorrect, it
should be stricken from the Charter, and if was correct, it should
also apply to a cable television franchise.
Ms. Lee said she was not aware of many cities with language in
their charters regarding voters granting franchises. In most
other cities, franchises were awarded by the Council because it
took a long time to neyotiate the sometimes complex agreements,
and it was a cumbersome procedure to have an election on something
as complex as a franchise.
Mr. Zaner said it was upusual to have the voter provision 1 i a
City Charter., He'looked at the provision as a protection against
a hasty sale of one of the utilities. He doubted that when the
charter provision: were written, anyone envisioned a cable televi-
-sion franchise which was a complicated, complex, highly competi-
tive kind of technological service far beyond anything a city
would normally issue.
Counci lmember Cobb asked if the language legally left the City
with the option of going to a full franchise, joint ownership or
city ownership, and whether the language constrained the City's
a b i i i ty• to set up one of the boards.
Ms. Lee said all the City's options were open and that the City
was not constrained from setting up a board. The City was empow-
ered to have a nonadvi sory board.
Cduncila%ember Cobb said when it\ finally appeared,__on the ballot, he
hoped the additional explanatory materials ,were provided so that
the voters understood that options were still ava i l aaa_ a by delet-
ing° the specific language from the Charter.
Ms. Lee said that her impartial analysis, proponents and opponents
of the.measure would explain -the Charter provisions.
6/27/83
NOTION: Councilmember CuLb moved, sectondeo Fazzino, to approve
the text of the Charter 4mendments as amended by the City Attorney
in her report dated June 23, 1983, and authorize their placement
on the ballot for the November 8, 1983 election.
Ms. Lee said when she prepared the Resolution Calling for the
election, she intended to include all of the auditor provisions in
one measure, and the two other provisions as separate measures.
Mayor BE,htel said that was fine.
Vice Mayor Witherspoon clarified that when a franchise was
granted, it would be by ordinance.
Ms. Lee said a procedure was not yet in place, but she presumed an
ordinance would set forth -standards and procedures about how to go
about it.
Vice Mayor Witherspoon clarified that the ordinance would be
referendable.
Ms. Lee said yes. tine ordinance would set up the framework about
how to go about processing a franchise, but would not be refer-
indaDle The ordinance -t= the r.�,
, ,,�. ordinance granting riy � r=arichi se would be rafer•end-
able.
Councilmember Renzel asked for clarification that all of the items
would be returned to the Council at a subsequent date.
Ms. Lee said the Council would see all of the items again in addi-
tion to the offices being, filled when calling the election on July
11, but that if she was to make major changes in the language,
enough time was needed before hand to do so.
Councilmember Renzel said she was concerned that the Council's
vote to put the matters on the ballot was not necessarily an
endorsement.
Ms. Lee said no.
Mayor Bechtel clarified if the Charter amendment concerning cable
television passed, subsequently the Council would hove to adopt a
procedural ordinance, and if the franchise were issued, it would
be by ordinance. Whoever the franchise was awarded to was refer-
endable, out not the procedural ordinance.
Ms. Lee said that- both ordinances would be referendable, but it
was unlikely that a procedural ordinance would be referended.
Councilmember Levy asked for clarification oh page 6 where it said
the Council may appoint an independent board or boards for cable
television matters. If that were not included, he asked if the
Council cv:ld still appoint an independent board.
Ms. Lee said no. The l'anguage of that„particular section said
that except for the board of compensation referees, "all other
boards, commissions and committees appointed by the council or by
any officer of the City under the provisions of this charter or
under any ordinance adopted by the Cour-:.cil shatL be advisory only
and shall exercise no governmental or administrative powers.•
Councilmember Levy clarified that .the language differentiated that
board from other boards.
Ms Lee said that was correct.
Councilmember Levy was concerned on page
appointed" of -.ice should be hyphenated.
about whether council
3 5 2 7
6/27/83
Ms. Lee responded that she would loot into another way of phr=asing
the language so as not to cause concern.
MOTION PASSED unanimously.
ITEM #3d, REQUEST OF COUNCILMEMBER REFUEL RE CATV CODE OF CONDUCT
Councilmember Henze] said the matter of the Cable Television Code
of Conduct was before the Council on June 6 when she could not
attend.
MOTION; Councilmember Renzel moved, seconded by Witherspoon,
approval of the Resolution, with an amendment to Section 2, that
the City Manager and Cable Coordinator shall represent the offi-
cial policy of the City Council and be designated as the individ-
uals to whom all contacts by lobbyists, etc., should be made.
RESOLUTION 6146, as amended, entitled "RESOLUTI')N OF THE
COUNCIL OF iHt CITY OF PALO ALTO ESTABLISHING DISCLOSURE
AND OTHER CONDUCT REQUIREMENTS ON CITY OFFICIALS AND
EMPLOYEES DURING THE CABLE TELEVISION PROCESS"
City Attorney Diane Lee said that when she and the -consultant rec-
ommended the ordinance,_ it was from the perspective of giving the
Council an extra measure of protection and the concern about the
poteii-tai l ids alii,ti.i45t i ivl+ja4tVii i ii the area. uuri.i i 1"iaa at4afe
of the lawsuit involving the Mayor of Houston and the. fact that
trebin damage were awarded against him. She was concerned ahnllt
Y 1 �. ✓ 1 V V V f11N y V J were 1 V awarded M 1 M V against V J She V concerned 11 V \.. ! it V V M✓ V V 4
protecting the Council from extra record conversations and the
proposed ordinance was a means by which to do so. Initially, pro-
spective cable consultants stressed the importance. of an open pro-
cess which meant that- all discussions except for a limited number
in a limited framework -would be on the public record. That was
sought as. a contra=.- to protect not only the process, but the per-
sons making the decisions.
Councilmember Levy asked about the definition for "substantive
discussions" in Section 3.
Ms. Lee responded that substantive discussions would include any
meaningful issues related to cable television. The next hearing
on cable television would not be considered substantive, -but items
to be included in a request for proposal or anything affecting the
decision -making process would be substantive in her opinion. She
deferred to Mr. Bennetti for more information.
Mr. Bennetti said substantive discussions would be those matters
distinguished from strictly informational or- procedural._
Councilmember Levy wanted to amend Section 3 because he believed
that part of the Council's job was to hear everything from every-
one, and to have a motior which limited the Council to naving sub-
stantive aiscossicns Only in a public forum was too limiting.
There were many discussions with constituents or lobbyists which
were valuable on a one-to-one basis and being involved:with a
statement seeking to avoid those kinds of discussions greatly
reduced the communication that should take place prior to any pub-
lic business being transacted. He had no problem with minutes
being kept at all forums.
AMENDMENT: Councilmember Levy moved, secon d by Klein, that
section 3 be amended. to delete the requirement, that all City
Coumcilmeebers should seek to avoid substantive discussions except
i n an open forum.
Councilmember Klein suggested that Section 3 not apply to City
Counci imembers.
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6/27/83
Mayor Bechtel opposed the amendment. The City Attorney cautioned
the City Council about cable: television and mentioned a lawsuit it
Houston and the subsequent award of treble damages.
Ms. Lee laid treple damages were not compensatory damages, and
were not paid by the Ci-ty. If treble damages were awarded against
--someone, the City did not pay them, and they came out of an ind -
vidual's pocket._
Councilme!nber. Renzel commented that those Councilmembers inter-
ested in discussion beyond what happened in the public forum could
write a letter to the person involved and ask specific questions
and receive specific answers. Those things could go into the pub-
-l ic record so there would be no problem getting information pri-
vately as long as it was shared with the entire Council and every-
one acted on the same information. She did not find the section
restricting in terms of the information gathering function and
urged her colleagues to defeat the amendment.
Councilmemoer Eyerly said the City Attorney was paid good money to
provide advice, and since she strongly recommended the language,
he hated,to see the Council not accept her recommendation in view
of the fears expressed,
Councilmember Fazzino said. he expressed serious concerns about
the,City Manager speaking for the City Council at the last meeting
and in a burst of enthusiasm voted in favor of the item. He was
then swayed by Councilmember Levy's comments and recognized that
his gut instincts were correct and that he should have opposed it,
and switched his vote to oppose. He appreciated Ms. Lee's con-
cerns and respected her fear in terms of treble damages and other
fates that could befall the Council, but at the same time, he
believed that adequate protection already existed in the lobbyist
registration law and other laws that pertained to the Council and -
its conversations with individuals on an issue the nature of cable
television. He had serious problems with Section 2 allowing the
City Manager to speak for the City Council, and believed Section 3
was covered by the lobbyist registration law, and did not feel it
was necessary:to restrict the Council from substantive discussions
and would support t#i.o amendment.
AMENDMENT RESTATED: TO DELETE THE REFERENCE TO SUBSTANTIVE DIS-
CUSSIONS ONLY TAKING PLACE IN PUBLIS, FORUMS FOR CITY COUNCILMEN-
HLRS, AND THAT CITY COUNCILPIEMBERS WOULD BE FREE TO HAVE SUBSTAN-
TIVE DISCUSSIONS IN ALL FORUMS
AMENDMENT FAILED by a vote of 4-5, Fazzino, Klein, Levy, Cobb
voting "aye."
MOTION AS AMENDED PASSED by a vote of 5-4, Fazzino, Klein, Levy,
CA,bb voting "no.."
ITEM #39 REQUE`;T OF COUNCILMEMBER LEVY RE CATV LOBBYIST
Item withdrawn by Councilmember Levy.
ITEM #40 REQUEST OF COONCILMEMBER RENZEL TO EXTEND PLANNING
MOTION:. Mayor Bechtel mowed, seconded by Renzel, that the City
Clerk be instructed tc notice the extension of the Planning Com-
t■ission application period to 5:00 pos. on July 6, 1983,
Councilmember Fazzino asked why the necessity to extend the appl i-
cation period.
Mayor Bechtel said..there were -only four applicants.
3,5 2 9
6/27/83
Councilmember Fazzino said he had problems_ with tiee =notion because
rules wore establ i; hed and the Council should play by them. He
believed there were four excellent applications -and he was ready
tc interview ail four individuals and consider-- selection from
among them. The Council had not continued the application per=iod
in the past for commissioners when it had fewer applicants and
-he strongly opposed the motion.
,-iayor Bechtel agreed that the applicants were good, but was con-
'cerred that she saw hardly anything in the press about the vacan
cy. In fairness to the public, she believed it was appropriate to
allow another week. She urged Council support of the motion.
Councilmember Cobb said he believed the motion was a can of worms
the -Council should not open. If there were no -applicants, he
could understand the motion, but there were more than one and
they were good applicants. He would not support the motion.
_MOTION FAILED by a vote of 2-7, Bechtel, Renzel voting "aye."
ITEM #41, RL UEST OF COUNCILMEMBLR FLETCHER RE PROCLAMATION RE
'CI TYHUIiL OF EAST PALO ALTO EFFECTIVE JULY 1. 1983
COunc1hi mber Fls,fr.hi r E.: i`, r a IV A16) ill i icier ty became
a City on July 1, 1983, and she understood that invitations were
in the mail for Counci lmemhers to attend-. She d i;cussed with
Mayor Bechtel and City Clerk Ann Tanner the issuance of a congra-
tuiatory proclamation for East Palo Alto.
MOTION: Councilaeerber.Fletcher moved, seconded by Fazzino, that
the Mayor be authorized to issue a proclamation congratulating
East Palo Alto on its incorporation.
Councilmember Fazzino thanked Councilmember Fletcher for bring up
the issue. It was suggested in one of the local newspapers a
couple of weeks ago that Palo Alto might considere some management
assistance for East Palo Alto as it began to build its city admin-
istration. He was not interes`}ed.in spending a lot of hours in
staff time doing so, but thought perhaps there were same ways in
which Palo Alto could lend assistance. He suggested that Mr.
Laner report to -tote Council about whether he -saw any ways in which
the new administration of East Palo Alto. could be assisted.
Mayer Bechtel said she understood that Ms. Tanner was already
approached by the new City Clerk of East Palo Alto and asked
advice about various procedures concerning the -election to which
she responded.
NOTION PASSED unanimously.
ITEM #42, RE
BEST OF CUUNCILMEMBEK FAllIN0 RE ASSISTING NEW'
City Manager to handler No action taken.
1TEt; f43 REQUEST OF COUNCILMEMBER RENZEL RE SOLID.. WASTE MEETING
4
Councilmember Kennel reminded the Council that the next Solid -
Waste Meeting would-be held on Wednesday, June 29, 1983,.and that
it wasimportant for all Councilmembers to understand the issues.
AUJUUKNMENT
Council adjourned at 12:10 a.m.
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6/27/83