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HomeMy WebLinkAbout1982-06-21 City Council Summary MinutesM 1 1 CITY COUNCIL MINUTES' Regular Meeti ng Monday, June 21, 1982 CITY OE PALO ALTO ITEM PAGE Oral Communicati ons 2 1 5 2 Minutes of Apri 1 19, 1982 2 1 5 2 Consent Calendar 2. 1 5 3 Referral 2 1 5 3 Action 2 1 5 3 Item #1, Menlo Park and Palo Alto Reciprocal 2 1 5 3 Library Services Item #2, El Camino Park Lighting 2 1 5 3 Item #3, Banking Services Agreement 2 1 5 3 Item #4, Resolution Amending Gas Rates 2 1 5 3 Agenda Changes, Additions and Deletions 2 1 5 3 Item #5, North Santa Clara County Solid Waste 2 1 5 4 Management Program - Status Report and New Joint Exercise of Powers Agreement (Continued from 6/14/82) Item #6, Public Hearing: Finance and Public Works Committee Recommendation re Adoption of the 1982-83 Budget item #7, Publ l c Hearing: Pl anni ng Commission Recommendation re an Amendment to the Subdivision Ordinance Item #8, Overnight Parking Ordinance (2nd Reading) Item #9, Ordinance re Gri nki ng n Publ id (2nd Reading) Items #10, Amendment to Contract 4014, Palo Alto Area Information and Referral Service Item #11, Amendment to Contract 4011, Palo Alto Community Child Care Item #12, Amendment to Contract 4019, Senior Caord i nati ng Council of the Palo Alto Area, Inc. Item /13, Amendment to Contract 4164, Palo Alto Adolescent Services Corporation 2 1 5 6 2 1 8 0 2 1 8 3 2 1 8 4 2 1 .8 4 2 1 8 4 2 1 8 4 2 1 8 4 2 1 5 0 6/21/82 ITEM Item #14, Amendment to Contract No. 4165 Midpeninsula Support Network Item #15, Agreement - Fair Housing Services Midpeninsula Citizens for Fair Housing, Inc. Item 016,, Agreement - Shared ,Housing Services Catholic Social Services, Inc. Item #17, Agreement - Project Mobility, Midpeninsula Cab Company Item #18, Agreement -- Project Mobility, Peninsula Cab Leasing Company Item #19, Palo Alto Housing Corporation Renewal of Contract for 1982-83 Item #20, Palo Alto Sanitation Company Amendment to Contract Item #21, Status Report on Traffic Control Mechanisms Item #22, Request of Councilmember Renzel re Dedication of Lytton Plaza Item #23, Request of Counci lmembers Bechtel, Cobb, Fazzir:o, and Levy re Resolution for Cable Television Programming PAGE 2 1 8 4 2 1- 8 4 2 1 8 4 2 1 8 6 2 1 8 6 2 1 8 6 2 1 8 6 2 1 8 6 2 1 8 7 2 1 8 7 Adjournment 2 1 8 8 2 1, 6 1 6/21/82 1 Regular Meeting Monday, June 21, 1982 City Council of the City of Palo Alto met on this date in the Council Chambers at City Hall, 250 Hamilton Avenue, at 7:30 p.m. PRESENT: Bechtel, Cobb, .Eyerly, Fazzino (arrived at 7:45 p.m.) , Klein, Levy, Renzel , Witherspoon ABSENT: Fletcher Mayor Eyerly announced the need foe an Executive Session to be held during the Council break. ORAL COMMUNICATIONS 1. Louis Fein, 1540 Oak Creek Drive, requested that the Council instruct its negotiators to open the collective bargaining negotiations between the City negotiators and the negotiators for the Palo Alto Police Department. He said a recent article in the Palo Alto Weekly indicated that the negotiator<_► for the City were willing to have members of the public observe the negotiations between it and the City. Further, that Mr. Rounds, the City negotiator, had indicated that open negotiae tions did not appeee to be an issue because no one had indi- cated they would liKo to attend. If it did become an issue, the City would prefer that the negotiations be private. As a citizen, he felt that the bargaining for salaries and benefits was, in essense, bargaining for part of the budget. He said that all proceedings undertaken by the committees and the Council on the allocation of the budget to various programs were.done in public. He saw no reason why the collective bar.- gai n i ng "budget allocations" should not also be done in pub- lic. He requestd that whatever action necessary be taken in order for the public to be invited to attend the collective bargaining between the City negotiators and the Palo Alto Police Department negotiators in order to scrutinize one of the ways in which the Paio Alto budget was allocated. 2. Dr,. Harvey K. Roth, 3422 Kenneth Drive, thanked the City Council for the opportunity of addressing them regarding his request for a City Council resolution to the state and federal legislature regarding the labeling of alcohol and alcoholic products as injurious to one's health when used to, excess. He said his request was documented with literature on alcohol 's effect on women the effect of ai cohol i srn on : a certain seg- ment ofthe population, :its effect o0 other members of society such as spouses, children, crime, penal and health institu tions, courts, etc. He sai'd editorials of daily: newspapers were brought' to the Council's attention, i.e., the San Jose Mercury, which had a ` reprint of a report made to Governor grey of New York. He said the Council was asked : to initiate the campaign locally in conjunction with others in other states. MINUTES OF. APRIL "19. 1982 Counci lmember Klein had the following correction Page 1901, thirteenth line from the bottom of the the word "survival," should be "survivable. NOTION: Council.ember Fazzino moved, seconded by Cobb, approva of the, minutes of April 19, 1982, as corrected.- NOTION PASSED -unanimously, Fletcher absent. CONSENT CALENDAR MOTION: Courci 1 me+aber Witherspoon proved, seconded by Klein, approval of the Consent Calendar. Referral None Action ITEM 01, MENLO PARK AND PALO ALTO RECIPROCAL LIBRARY SERVICES • Staffrecommends that Council approve the Joint Exercise of Powers Agreement Amendment No. 1 with the City of Menlo Park for recipro- cal library services with Palo Alto. AMENDMENT N0. 1 TO CONTRACT NO. 4189 JOINT EXERCISE OF POWERS AGREEMENT FOR LIBRARY SERVICES City of Menlo Park ITEM #Z EL CAMINQ PARK LIGHTING (CMR:351:2) Staff recommends that: 1. The Mayor be authorized to execute the construction contract with Valley Electric Company in the amount of $76,080; 2. Staff be authorized to execute change orders to the construction contract up to 15 percent ($11,680) of the contract. AWARD OF •CONTRACT Valley Electric Company ITEM 03 BANKING SERVICES AGREEMENT (CMR:315:2) Staff recommends .that the Mayor be authorized to execute the banking services agreement with Crocker National Bank. AGREEMENT - BANKING SERVICES Crocker National Bank ITEM #4, RESOLUTION AMENDING GAS RATES (CMR:295:2) w b�.+e�rwewr. roc���rrew raremeti Staff recommends that Council approve the resolution confirming the action taken by the City Manager adjusting gas rates 13.1%, effective May 4, 1982, i,n accordance with Resolution No. 5982. RESOLUTION 6039 entitled 'RESOLUTION. OF THE COUNCIL OF TIE tiTY OF PALO ALTO AMENDING UTILITY RATE SCHEDULES G-1. AND G-60 AS A RESULT OF TRACKING P.G.&E. RATE CHANGES" NOTION PASSED unanimously, Fletcher absent.,. AGENDA CHANGES. ADDITIONS AND DELETIONS Mayor Eyer'ly commented on Item 021, relating to Street barriers. He said he intended to agendi ze a request fore a City Council policy concerning street barriers. next week. He suggested that any members of the public wanting to speak to the item might save some. time :if -they waited until nextweek whenthe item was on the agenda. ITEM #5, NORTH SANTA CLARA COUNTY SOLID WASTE MANAGEMENT PROGRAM - ontinuea rrom Mayor Eyerly said he was concerned that the new agreement set the relationship between the North County. Cities into motion, which would spring a number of projects to get the City into solid waste disposal. Those projects would cost a lot of money, and he thought the basic JPA agreement needed outside bond counsel sur- veillance. He said no.. report was received by the Council on how the program was supposed to fit together, and he was somewhat con- cerned because once Pel.o Alto joined the JPA and it was formed, the bottom line on all activity would rapidly become dollars. He said goodwill and concerns would be left behind because they were dealing in big money. If the Counci lmembers did not ask all of their questions and raise all of their concerns, or if there were things that should be explored, now was the time to do it --not after the JPA was signed. He said the ofd JPA agreement wruld expire on July 1, 1982, and he did not know why more time was: not available so that the new agreementcould be referred to committee in order for the Council to look at it with due diligence. He was uncomfortable with voting in favor of approving the agreement tonight. He felt he needed more time and more input in vie►, that i t was a major document. MOTION; Councilmember Witherspoon moved, seconded by Renzel, approval of the agreement. AGREEMENT - NORTH SANTA CLARA .COUNTY SOLID WASTE MANAGEMENT PROGRAM AND REPORT AND NEW JOINT EXERCISE OF POWERS AGREEMENT Councilmember Witherspoon asked for clarification that the Board meetings mentioned in CMR:365:2 would be open to the public in all cases. City Attorney Diane Lee responded that all meetings of public agencies were covered by the Brown Act. Councilmember Witherspoon said CMR:365:2 stated that "if member agencies entered into separate project agreements, and chose to terminate the Authority Membership, they would still be bound under the terms of such separate agreement." She was concerned that one could participate in the project agreements but opt out of the Authority Membership, and if enough cities did that, how would the overhead be maintained. Ms. Lee responded that if she were drafting one of the project agreements, she would make sure the agreement covered that contin- gency. Councilmember Witherspoon clarified that when a separate project agreement was :written, it could be stipulated that no.. one could opt -Out of the overhead agreement during the period of that proj- ect. Ms; Lee said .that was correct.. Councilmember Witherspoon thought it would be better to have :it contained ' in the original Authority Membership agreement. Ms. Lee believed, it would depend upon the magnitude and scope of a project.. - She said some ofthe projects might not be of the same magnitude, and if a project was for a 'special study, the admi ni s- trative costs attached to it would not necessarily be the same as those of a project of a larger magnitudes; Councilmember -Witherspoon said that would be true of a small proj- ect,- but was concerned that one the bureaucracy was in place, and proj ect_ s were in operation, you could not suddenly have half the cities withdraw from funding the operation. 2 1 s.'d 6/21/82 Ms. Lee believed that the JPA could also protect itself from that possibility by requiring in the -project agreement that a city be bound to pay the costs or continue on -as long as it was a particle pant in the projects she -said the agreement attempted to provide as much flexibility as possible, and since the nature and scope- of some the projects were unknown, the requirement might be unneces- sary. Councilmember Witherspoon asked if there would be an opportunity at a later time to .amend the agreement to include that require- ment. Ms. Lee said the possibility always existed, but that once the agreement was signed, the City must be aware that it was bound by i t . Unless all the other signatories agreed to the amendment, this would be the binding agreement. Councilmember Witherspoon asked what procedure she would use order to propose such an amendment tonight? Ms. Lee believed the procedure would be in the form of instruction to staff to prepare the language, and to amend the JPA accordingly, and send it around to the other cities. She thought there could be a problem -because two or three other cities had already executed the agreement. City Manager Bi 1 1 Zaner commented that if Council wished to amend the agreement subsequently, that intent should be communicated to Councilmember Renzel, the Counci 1 's representative to the Solid Waste Management. Board. The Board would be given the oportunity to review the suggested amendment if it came from one of its mem- bers, and could react back to the City Council. He pointed out that once the City Council signed the agreement, it would be bound by its provisions. Two cities had already adopted the .agree- ment --Los Altos Hi 1 1 s and Cupertino. Councilmember Witherspoon asked Councilmember Renzel if the -agree- ment caused her any discomfort. She said that an ongoing admini- stration had to be provided for at an adequate funding level or the whole thing could fall apart no matter who parti ci`pated in what project. Councilmember Renzel said she felt that every city would be anxious to participate and to protect, itself from the possible withdrawal of other cities from a specific project or from the overall JPA umbrella while still participating in a project. She thought that just as the City of Palo Alto charged administrative overhead to the various departments, as each project came along, a certain portion of that project would be assigned adminstrati ve overhead which would be adequate to cover that portion of it. She felt that the City had adequate protection in the subsequent proj- ect agreement because even if Palo Alto was not a participant to a specific project, the communities who were participating would be just as concerned as Palo Alto in protecting themselves from the same possibility. She did not feel the City Council needed to worry at this point about that potential because every City was in the ` same position in terms of wanting to protect itself. She said if -Palo Alto was a member of a particular project, it could ensure that the provision was in the project agreement. She said staff had done an admirable job in answering the concerns listed. As pointed out previously, the new JPA agreement was primarily the formation of a formal entity for the purposes of expediting the administrative aspects of the JPA. She said that in essence, the actual operation of the JPA would change. very .little except that every time a deci si pn was made to execute a contract, it would not have to go through the,"alo Alto City Council as administrator for the JPA. Beyond that, any Major projects would have to go before each City Council for approval At that time, the City Council could express any spell fic concerns and provide for any protec- tions it wished tohave inthose specific project agreements. She urged support of the motion._ - She hoped Mayor Eyerly could be _ 2 1 5 5 6/21/82 persuaded to make the support unanimous. She thought it was very important for all the communities in the area to cooperate on solid waste. She said it was a very difficult area, and one the communities could do a much better job with if everyone coop- erated. 1 Mayor Eyerly commented that .when a JPA was formed, every city had to approve the initial agreement. Al thou h al 1 participants in a particular project had to be in agreement, some leverage was lost. He said a city might: want to participate in a project, but .might not be successful in getting some changes in procedures when get- ting into the individual projects because it did not take a unani- mous vote. At this point, anything set up in the JPA ..agreement needed unanimous approval, and if the City Counci 1 had any amend- ments to make, now was the time to make them. He said that meant the other City Councils would have to, approve any amendments or changes --it was not something negotiated at the JPA. He commented that there had not been much outside input, but that the agreement would be perused by the bond counsel when it was, time for bonding on the projects.. He had seen nothing; from any bond counsel which said the agreement was all right or that bond counsel . was comfort- able with it. He thought that was a. major consideration that should be given before the City Council got into a contract that would extend for thirty years. He felt .staff had done a good job and Councilmember Renzel had done a good job, but it was happening to.o fast. The opportunity forother input was necessary. NOTION PASSED by a vote of 7-0-1, Eyerly not participating, Fletcher absent. ITEM #6 PUBLIC HEARING: FINANCE AND PUBLIC WORKS COMMITTEE — --14:17-171=-711177-672T- Councilmember Witherspoon said that the Finance and Public Works (F&PW) Committee started preparations for the 1982-33 Budget last October by adopting a policy guideline for the 1982-83 fiscal year. She thought the document before the Council was an excel- lent example of what a tight budget the staff produced _following those guidelines. City service levels would be maintained` in 1982-83, and the bottom line of the budget was only a 5.7 percent increase over the previous year. She appreciated how hard it was for staff to do that. She said the F&PW Committee had met six times from May 25, 1982 to June 10, 1982, totaling approximately 15 hours for considering the budget. The Committee essentially concurred with staff's conclusions. - She said the Committee added a total of $24,515 i n expenses to the budget, and deleted $42,500 in proposed fees and increased revenues. NOTION: Councilmember Witherspoon, Chairperson of the. Finance and Public Works Committee, moved adoption of the 1982-83 Budget with the following amendments: A. By unanimous vote, a contract for a Bicycle Awareness Program in the ;Police Department with the Parent Teachers. Association; . By imoimous vote, an extension of the Bicycle Safety Program in the Police Department to iii l b.r school; C. By 2-2 `vote, failed to adopt . staff's recommendation for r an increase in the false alarm fees in the Police Department; • By, unanimous vote, $60,000 for development, of . new power projects in the Clactri c , utility Department and 'a deletion if reference -to the Harry Al i eh Projects BY unanimous vote, that the 1982-83 General` Revenue Sharing allocation of $306,000 be used for Field . Services in the Pol ice 8epartment F. By . unanimous vote, an increase in quarterly health plan premiums for retired employees to be dispersed among City Departments; G. By unanimous vote, funding for the following contracts in the Arts and Sciences Department: West Bay Opera - $2,000; Palo Alto Dance Theatre - $1,S00; . and Scholar Opera $1,200; H. By a vote of 2-1, no change in the golf course monthly play - cards for juniors and seniors and fees to remain at $20 and $40 respectively; I. By a vote of 2-1, an amendment that the team sports registra- tion fee which Staff recommended be increased to $400 be changed to $325; J. By unanimous vote, that Council authorize the. Committee to retain i n Committee the request for an actuarial cost estimate from PERS to determine the City cost for adding Section 21222.85 which provides for a one-time one to seven (1-7) percent increase for members who retired prior to July 1, 1974. When the cost estimate is received, it is recommended that the. Council again ccnsi der adoption of this amendment. The decision as to adoption should be based on 1) the cost of the amendment; and 2) whetherornot pending State legislation (SB-46) or similar legislation results in State mandated increase for PERS retirees; K. By unanimous vote, that staff be directed to request partici- pation of 7 to 10 vehicles in the Equipment Management Division as part of the Methanol Vehicle Test Program from the. State of California. Further, that the negot%ati ons with the State should be satisfactory, as far as the City ` was con- cerned; L. By unanimous vote that the request for the Senior Coodi nati ng Council . La Coml da Escort Service, Catholic Social Services, Community Association for the Retarded, New Ways to Work, Victim Assistance and Senior Day Health Care contracts in the Soci al and Community Services Department be deferred until County `and State funding is known and the Human Services Plan is in place; M. By unanimous vote, that the _self-supporting date for the . golf course be changed to FY 1986-87; li. ORDINANCE 3362 entitled *ORDINANCE OF THE COUNCIL OF THE CITY OF lnLo ALTO ADOPTING A BUDGET FOR FISCAL YEAR 1982-83" Mayor Eyeriy read the following i nto the record: "This i s . the time and place for a public hearing on the 1982-83 Annual Budget, including . the 1982-83 Capital Improvement Program. 1 declare the public hearing open, and if ,the public has any com- ments : relating to the budget, or any changes to be `suggested during .this "agenda. item, this will be the time to be heard. Addi- tionally, now is. the time and the place =for a public hearing .on the use of; the 1982-83 ; general revenue sharing fund% which were included in this budget together with the allocation for Palo Alto of $390,000, which has, been allocated to. the Police Department for General Field Services If the public has any. comments relating to the use of those General Revenue Sharing funds, this will be the time to be heard." City Manager Bi i 1 Zaner said that" #t should be noted teat_ 4on- bal ante, .tree City. of• Paolo Alto's finances.- were #n- relatively - good condlti on. He eMphasi zed-• the- word - "relatively", since< thete were " a� number of-=-juri sdi cti ohs - that were not i n ; the favorable -kind= <of position a - Palo- Alto. die noted that -staff had .r'_co ended e - s i i ght ;i ncr ease - i n -expenditures-the - total l nc:reese , i ncl udi rig all a tntic_ipated-. salary #ncreases, which -included -even --those - orgaon# zatioflgs -.wl tb •..whom:.. negoti ati ores have not been completed, was est1eated to be: about 5.7 percent for the General Find, . Thu=net increase 10 -the Budget was quite- small., and -easily handle* by, the -. City's funds. He said the budget was constructed, like any bud- get, on a series of assumptions, and it was the degree to which those assumptions turned out to be reality, that would measure whether the budget was a working document. 1. It was assumed that the City would continue the transfers from Utilities into the General. Fund at approximately the same dollar level as in the past. He said those funds showed up in the budget transfers and were spread throughout the General Fund. 1 2. Staff made some projections as to the economic activity in the Santa Clara area as it affected the City of Palo Alto, i.e., sales tax mosey, new construction, which, through a complex formula, would bring additional property tax via Proposition 13. That meant permits, licenses, etc. He said economic activity was subject to a lot of change, and most of the changes out of the City's control were estimated as closely as possible, and the budget was based on that assumption. 3. It was still unknown what the State legislature would do. Staff checked as late as 5:00 p.m. today, and the Conference Committee was still in session and had vowed to go all night, if necessary. He said that in some way,'the legislature would decide how to fund its own deficit, and once that decision was made, the City would feel the ripple effect. He said staff knew that under existing law, the AB 8 deflator, which was passed in 1980, would trigger. Under that formula, if the AB 8 deflator were followed precisely as the law was written, Palo Alto would stand to lose approximately $1,770,000. It was unknown whether the AB 8 deflator would be triggered and then waived as was done last year, whether the legislature would change the distribution formula, or whether the legisla- ture would find some other mechanism for sharing the deficit. He said it was known that the State faced a major deficit, and some of the deficit would be borne by .cities. He said staff triedto account for some loss from the State and took the best estimate possible, which was partially based on the bud- get submitted by the Governor earlier in the year, and included a $400,000 assumption in lost revenues in the budget. To the extent that more than $400,000 was lost, the City would have to find those moneys either in existing programs or reduce programs, or dip into the City's reserves. _ The City was "covered" up to a $400,000 ceiling. Beyond that, the City would have to rearrange how it did business. Mr. Zaner said that a third major consideration for the Council in reviewing the budget was to recognize that there was a significant omission in the budget, which related to the City Hall building. He said it was reported to Council sometime ago that some struc- tural analysis was being done on the building, and that the poten- tial cost for making repairs to the building in order to make it structurally sound under various:, stages of earthquake hazard could be substantial. He said that analysis was being done by an outside engineer, the preliminary results : were now being run through their computers, and that data should be available for the Council soon. ; No costs for , repairs to the, building were included in the budget, which was noted in the. Capital Improvement Program, and that would be a difficult set of policy decisions for the Council- to make. Ile said the question of the structural integrity of ..the building plus:some remodeling and redesign of the - building needed to be done. Staff . believed they. had a financing mechanism available in order to ake the repairs, which would be presented as soon as the information was complete and ready. Mr.' Zaner said- it Was important that the Council look to new rev- .enue sources. -He felt certain that in the next few years, the . del at i onshi p ,,between the state of Cal i forni a and cities would .change,. , ; staff did -not know what, that. change would-" be; He guessed - that the City ,would find itself less. reliant on :the State- and more reliant on its own abilities. The City' needed to look for addi- tional•sources of revenue down the road. He said the budget Indi- c ated some areas, and some new areas might be made available by authorizing legislation by the legislature, but that would remain to be seen. He said that the Council,- through the Finance and - Public Works (F&PW) Committee, should address those in the coming months. Further-, w.i,th regard to the future, he felt the Council' shoul d spend some time tryi ng to influence what the rel ati onshi p between the State and the cities would look like in future years. As he saw that relationship, it would requi re substantial strdc tural change between the state, county and city governments. He said there was only_ one way to do that --through a constitutional amendment. He believed .that was where the City , would eventually end up. Constitutional amendments were difficult to put on the ballot, he was not sure the legislature woold put it on the ballot. The earliest those things could- jrappen was .1984 and 1986, but he believed that would be how the system would get restruc- tured. Mr. Zaner acknowl edged the hel p and assl stance received from mem- bers of the staff. Putting a budget together, the size of the City of Palo Alto 's, was a major job. Everyone participated all through every department, but certai n peopl e spent abnormal amounts of time working with the budget. He acknowledged Larry Moore, and said he lead the orchestra on the. budget. He said he put in an enormous amount of time and a great deal of thought. His staff had done likewise. He said it would be impossible to prepare a budget without Al Mitchell 's assistance and help. He thanked everyone for the assi stance and support gi ven duri ng the budget process. Mayor Eyerly clarified that the public hearing included Items 0 through T, which were the resolutions i n support of the motions which carne out of the F&PW Committee. He did not think the public needed to be concerned about addressing 0 through T directly, but should be aware that the public hearing included all of i t . Counci 1 member Levy thanked the City Manager for an excellent bud- get. He appreciated Mr. Zaner 's comments about the need for restructuri ng of the rel ati onshi p between ci ti es , counti es and state and the work that would entail over the next several years to bring i t about. He thought that statement was important , and one that the Council should immediately begin to pick up on. He said he was delighted that the percentage change increase ` for the 1982.-83 budget was held to 5.7 percent, which was below the rate of inflation, and asked for a conceptual explanation how it came about. He said salary increases had been given so far that were in excess of 5.7 percent, and in addition, the budget called for a total of seven new personnel positions. Director of Budget and Resource Management, Larry Moore responded:, that the General Fund increase was approximately 5.7 percent. He said that some of the information that was sent to Council from the F&PW Committee ear liar did not reflect that a number of responsibilities at the staff level were changed. He said one of the major changes transferred a significant portion of the. City Treasurer's office, which was formerly a General Fund department, to the Utilities Department. The result of that was to si gni fi-- c antsy place some former General Fond costs into the Electric Utility Fund. He said a .department was created called "Electric. Utilities Administration Department." fie said what was formerly some part of the General Fund costs ::were now reflected in the Admi ni strati on' Department for the Utilities. Counci /member Levy commented that this: was the year that the effect of _propositian,_13 would be felt. He said state, county .and., federal "agencies were -all cutting back, and as mentioned by. Mr. Zaner, the City could lose as much as $1,,750,000. Additionally,._ agenci e's : which were potenti al ly funded by the City, would suffer 1 i 1 losses, of funding from other sources even if they did: not _ suffer losses from the City of Palo Alto. Finally, the recession impacted the pri vate sector so that private contri buti.ons to a number of the agencies would likely be cut back although the pri - vate sector benefited' from the tax reductions which limited government income. He thought that in general , the City of Palo Alto should' hold back on any increases in its budget until the effects of other jurisdictions' budgets on Palo Alto's projected income could be seen in' order not to tie Palo Alto's hands by having fully committed its funds and to retain some flexibility. Keith Gard, Certified Public Accountant, 1000 Elwell Street, said he was on the Board of Directors and a member of the Pal o Alto Chamber of Commerce. As had been done in previous years, the Chamber of Commerce was given the oppor=tunity to review the City's budget with assistance from City staff. He said the positions taken by the Chamber of Commerce were a reflection of the attitude of the Chamber of Commerce based upon -the financial di fficulties its members faced in their own business and household situations and which the City must also be experiencing and should reflect in its budget process. The positions also reflected the Chamber of Commerce's perception of the general pub] ic's desire, supported by the defeat of most recent el ecti on' propositions seeking to increase the role of government and to increase taxes. He said it was clear that the public in general expected to control them- selves and operate within present budget and spending constraints and expected government entities to do the same. Mr. Gard said that one of the most important items in the budget that the Chamber of Commerce wanted to take a stand on was the entrepreneurial approach to revenue generation. Specifically, City involvement in municipal homeowner's insurance and municipal cable television were looked upon as potential revenue sources. The Chamber of Commerce strongly believed that policy was incon- sistent with the services that citizens .want or expect from the City. He said City services should be limited to those general areas that the majority of citizens could not obtain from private enterprise, i .e. , poi i ce and fire. To expand those services beyond the basic requirement was to often directly encroach and compete with pri v ate enterprise. He said the two most commonly talked about areas were homeowner's insurance and cable television and were areas that the Chamber of Commerce felt were and could effectively be provided by private enterprise. Was it not the responsibility and right of the citizenry to set limits upon government by determining through majority vote what funds were made available to government, and thereby permit the people to set standards of service? Regarding cable tel evi si on, Mir.,: Gard sal d: that based upon the experience of . other ei sting private enterprise cable television compani es, the Chamber of Commerce believed that the fi el d involved higher risks and was not a sure money maker or a revenue generator. In the short term, the Chamber felt that realistically it would more than likely be a cash drain on the General Fund of the City budget requiring additional funding. Mr. Gard said that the budget letter suggested that additional revenues could be raised from a business license fee or a tran- si ent occupancy. tax. He said the Chamber of Commerce, oppose d the i ncreases when little effort had been demonstrated to reduce unnecessary expenditures in the, existing City operations, A large portion of the increases, particularly in the transient occupancy tax, woul-d be funded by the business sector, He said the motel spaces in Pal o Alto were primarily > filled by the business . communi. ties and the larger businesses in the community, and both items were taxed on the business sector. Mr. Gard said that in the past, the Chamber of Commerce had reviewed the City fees for various items such as bui 1 di ng permits, sign permits, etc. The Chamber of Commerce proposed that various muni cl pal fees be brought under strict Council control. He sai d the large increase i n fees, without specific voter or Counci l approval , were in essence a tax increase clearly inconsistent with the public desires as reflected by recent elections and the spirit of Proposition 13. He said the Chamber of Commerce felt that the number of City employees should be limited and consistent with the growth of the City population, which had been nothing in the last several years. The Chamber of Commerce felt that the present request for a "Recruitment Speci all st" to fi 1 1 an anti ci pated 200 positions was a luxury. The Chamber recommended that that specific area either be done internally with existing staff or placed outside. Mr. Gard said that the Chamber of Commerce appreciated the oppor- tunity to examine the City 's financial situation. He said they hoped their opi ni ons were gi ven seri ous consi derati on i n the Council' s deliberations as they represented the attitudes of the business sector and were a reflection of the difficulties that the business sector faced in running its own operations and its own businesses. Councilmember Witherspoon thanked Mr. Gard for the time spent by the Chamber of Commerce in reviewing the City's budget. Regarding. fees, when Proposition 13 passed, the City had to put its fees, which had been heavily subsidized by the General Fund, on a cost of service basis. The City was continually trying to do that, which was why in some cases it had been a 100% increase. She said that in some of those cases, the City was still subsidizing the fee. Regarding the transient occupancy tax, she said that if one looked at the surrounding jurisdictions, one would find that the City of Palo Alto's occupancy tax was quite a bit lower than the other cities. If the proposal was passed, the City would: be bringing itself up to par with the surrounding jurisdictions. She pointed out that any fees, whether the occupancy tax, which would have to be approved by the voters, or any fees .for services were all approved by the Council and were part of the budget process. They were not something that staff brought up by themselves. Further, the business community in Palo Alto benefited substan- tially from two considerations --very low _utility rates way below those that were paid in surrounding jurisdictions, and no business license fee i n Palo Al to. She asked that those be weighed against the disadvantages of having to have some increased 'fees. Charles Scott, member of the West 8ayshore Residents Association, 3136 Genevieve Court, addressed the subject of the Greer Park development., He said that at the F&PW Committee meeting on May 25, 1982, the West Bayshore Residents Association was dismayed to discover that there : were no prove Si ons in the C.I.P. for the continued development. of Greer Park in 1982-83. He said it was expected that continued development would occur and that security lighting and restroom facilities would be provided. There was a definite" need for both and especially . for restrooms. He said there were absolutely no public facilities -Within a reasonable distance of the park. There were three new . playing fields which were used for leagues five nights a week by ,organized sports and were rented out on the weekends. He said- that with the .extensive use of Greer Park, the commitment for continued` development was essenti al 0. 4. McMillan, 1062 AMari l lo, expressed his concern that some momentum be mai nai net with the level opent of Greer Park. He lived, three doors away from the park, and .they were delighted with the : Chang€,, in . the park. The facility was incomplete, and was undergoing "heavy use. He said there was a substantial need for drinking water and resteoom facilities. He urged that there be some continued movement towe'rd the final improvement of that park. 1 1 i Bob Moss, 4010 Orme, congratulated staff on the budget. He was concerned about the large budget item for technical professional consultants. He cautioned that the costs of consultants tended to be difficult to control , the services were rarely . competitively bid, and were easily .abused. He said there was a slight increase in administration and supervision, some of which appeared to be the result of rots tl i ng jobs, and some appeared to be internal promotions. While the net increase was not unreasonable yet, he cautioned the Council to keep an eye on it and not let it, get out of hand. He disagreed with the statement of Mr. Gard regarding limiting City functions to those which were essential. He thought that what was essential often • differed with the eye of the beholder. The person that had a tennis court and swimming pool in his backyard might feel that having public tennis courts and swimming pools were a total waste of money and luxury. He did not think the City's functions should be tightly circumscribed to what was defined by a portion of the populace as essential because he did not think a general consensus would be found. He agreed with increasing the motel occupancy tax. He was not concerned about it taking additional revenue from businesses because the federal government was throwing tax breaks at businesses with both hands. He urged adopting amendments in the Capital Improvement Budget to begin work in Greer Park during the next fiscal year rather than, deferring it for one year from now for planning, and a second year before construction commenced. He urged tha.:. El Camino Real Beautification be scheduled during the next f ,cal year without spending a lot of time and money on planning and studies. Regarding flexibility in the budget, he said it existed. The reserve was $3,000,OOG and looking at all the requests which had been deferred for later review in July or August, he added them up and they came to approximately $100,000. He did not expect that all of them would be funded fully so the ability existed to do more if necessary. He hoped that Palo Alto would continue to have a health economy in the future. Counci imernber Eazzi no commented that as someone who had sat through, a number of budget hearings over the past five years, this was the least acrimonious series of budget hearings he had ever sat through. He -thought the staff had done an outstanding job in responding to the Council's desires of last year for a "hold the line" budget, and each department responded very well. At the same time, there was a recognition by all that fewer resources were available. He was concerned that in August and September the Council would repeat the post Proposition 13 discussions which were held four years ago. e He said the budget was passed with little concern and disagreement, and then two months later, met to deal with the ' limited spoils of the budget following Proposition 13. He said he did . not realize there were no rest rooms available in Greer Park, and that was one specific issue he wanted to be addressed. He was concerned that the new positions before the Council for the new year tended to be heavily administration oriented rather than line positions. He said he supported the Senior Recruiter position in Personnel despite some concerns, and staff would have to come back in a year and justify that position and show how it helped staff with the recruitment of people. For the most part, he said he was pleased with the budget. He echoed one concern of the Chamber of Commerce that the City only provide those services which were not being proei tied by anyone else in an. effective and efficient manner. The City's potential sources of revenue were limited .:.and he felt the Council needed to. remember that as the budget for this year was approved. He thanked Counci lmember Witherspoon, for an outstanding job in conducting this year's hearings. He thought 15 hours was a record amount of time for budget hearings in the City of Palo Alto. Counci lmerber Cobb commented. that the Palo Al,to budget was massive and detailed document. He added his compliments that staff did an outstanding job. He said that in a time when city budgets were being , squeezed, by the actions of voters in the legislature. a ; budget : for a mature " city like Palo Alto which 2 1 .6 2, 6/21/82 Involved staff additions caused him some concern. He thought the Councilmembers should ask themselves whether the people of Palo Alto would accept those kinds of additions particularly when those additions were being accompanied by increases in fees and rates, etc. He hoped that when the staff's additions and . new techniques were incorporated in the budget, they would build a situation in the future whereby the City could look to some savings in terms of the efficiency with which the City was run. As the budget was squeezed more and more in the future, the City would be required to be particularly efficient in managing the salary components of the budget so that money was available to build the facilities at Greer Park, etc He said that since the City did not know what would happen at the State level in terms of money, the City should begin its budget year working at an operational level at some point below the rate which the proposed budget prescri bed so that if the City did have to cut deeper, it would be a lot easier and a lot less painful. He agreed with Mr. Zaner that the Council must look at new financing and fund raising methods for the City. He said he supported the budget in general and recogni zed the excel- lent job done by staff. Mayor Eyerly said hethought the budget was a pretty good one. He thanked staff, Mr. Mitchell and particularly Mr. Moore, and the members of the F&PW Committee, which had gone through six or seven meetings on the budget. He said that at the start of this budget year the F&PW Committee, under Councilmember Fazzino, directed staff to seek new revenues to try and help balance the City's future budgets. Some of those were brought to the Council this year and were set aside, and there were no new revenues accepted by the Council. He said that within the proposed budget, the staff removed $400,000, from the State expected income similar to what was done last year. Sacramento had not set their budget, and it was unknown what the City would be liven. He said it could impact the City as high as $1.7 million ' which would be $1.3 million above the $400,000 which staff had already taken out. He did not think the public realized how dependent the City was upon different revenues here and there. He said that if the City did net get the State revenues, there would be problems because there were not many areas the City could turn to. The City's revenues were limited, and since Proposition 13, the City's hands were tied. He said he thought that was one of the big benefits that businesses had gained all over the State and in Palo Alto, that the City did not come to the budget and set a property tax rate. It was cut back and the budget was not balanced that way any more. He said the City was in a juggling act hoping to fi nd sufficient revenues to continue the services. Any new revenues that the City requested or recommended regarding taxes had to go to the voters and had to have a two-thirds approval, which was difficult to obtain. He said that situation meant the City was dealing with the unknown --the revenues had to be sought --or the City would not be able to continue its services. The City had a $3,000,000 con t i noency reserve which should not be touched except in a dire emergency, .and there was another $3,000,000 reserve which was usable. He said that when the State's figures were received, the City could very well be balancing a budget by using its reserve. He said hedid not like that approach, and he was sure it would get the City in trouble within a couple of years because that reserve would not be there any long. He ' felt the music should be faced now that if the City was cut back on funding sources, the City must realize that it could not live out of its reserves for very long and the Council needed to take steps to correct it. He felt that Palo Alto residents would ;have to become aware that if the funding : sources were limited for the City, they could no longer come to the City and expect to be funded easily. They would. have to turn to other areas for . help. He realized that otherareas of government _° were _i n .a .,cutback situation and private contractors would be harder pressed in the future than they were now. ,He said the City would not . be in a position to do much for them, and would have to be more fiscally prudent than ever before. He asked for a comment from staff about where the City was on the Greer Park Capital Improvement item. 2 1 6 6/21/8?, 1 1 i Mr. Zaner responded that a report had been provided to the F&PW Committee and the City Council, dated June 10, 1982. He said $2,302,000 had been spent on Greer Park, which included the prop- erty acquisition and demolition of the drive-in theaters. He said $552,000 was spent to do phase I. It was staff's plan to utilize the time between now and the next fiscal year in meeting with the neighborhood, doing the preliminary design work which was needed in order to get ready for the request for proposal, and to take another look at the Master Plan for Greer Park. He said that Plan was now six years old . and had not been reviewed since its adop- tion* and a quick review was necessary to ensure that it still met the needs of the community while being consistent with the amount of money available to the City. He anticipated coming to the Council during the next fiscal year with funding for actual con- struction. Councilmember Fazzino said everyone was concerned that the City would have less revenue than was originally., thought, and thr.re were a number of proposed new positions which were slated to be funded on July 1, 1982. He asked Mr. Zaner about his contingency planning with respect to the budget discussions in Sacramento. He asked if Mr. Zaner would immediately seek people for the new posi- tions, or would he hold off until more information was received from Sacramento. Mr. Zaner responded that of the seven positions, there was a net increase of five positions from the general fund and some fully supported themselves. He said some of the positions being requested were critical, and staff would start immediately to recruit for them. He said there were some. vacant positions, as always and the staff would not. make ;a mad rush to hire everyone and fill . every slot. Staff would be prudent, and wanted to hedge their bet as carefully as possible until it was seen where the state would end up. Councilmember Fazzi no clarified that if Council came to a discus- sion of needing to cut back on the budget, Mr. Zaner would present a list of suggested position cuts or program cuts. Mr, Zaner said that dependent upon the .magnitude of any deficit, the staff would probably talk about program cuts rather than posi- tion cuts. For example, if the State let the AB 8 deflator trig ger and just went ahead with it, the City could not make up $1,770,000 by taking out a few people. Some big programs would ,have to go. He said Mr. Moore was already .looking at those, and staff was beginning to build: an alternate scenario so that the City could be in a position to maneuver no matter what was done by the State. Councilmember Fazzi no said he felt comfortable . with staff's approach. With respect to Greer Park, he agreed. with the staff recommendation as far as the overall planning, but had some concerns that no restroom or two had been put out there. He asked if that could be handled during the year in a relatively i nexpen- si ve. manner since there was a tremendous mount of activity at those .fields. Mr. Zaner said it was difficult to give a definitive answer. He said that when one looked at a Master Plan for a --.:park the size of Greer Park, one was talking about sewer -systems, water systems and all kinds of infrastructure that had to be put in in order to make the restro.oms function.' He said that 'had not been done. He could not prom i se :that a rest roods could be put., out there ,this fi seal year. -It was Pt;In•the program, and.. he was :not sur`e=>that if .the, Council told staff to do it, it could be ,done in time. , He said tho• se- t 1 ngs took time to design and to get done properly, MOTIOIi; Councilmember Fazzino moved, seconded by Levyt that staff explore .the possibility of instal 1 i ng a rest room facility in the Greer Park area during the 1982-83 fiscal year, and report back to Council as. to .cost and how it could be implemented (motion includes portable/temporary ' restrooms). Councilmember Fazzino said he wanted 'to let the staff move ahead to see what was available: -out there. He said if nothing could be done on a permanent basis, he wanted sorrethlng put there on a temporary Peels until the major development: occurred in 1983-84, 1984-85. Mayor Eyerly clarified that the motion was just for a report on the feasibility. MOTION PASSED unanimously, Fletcher absent. Councilmember Fazzino said that regarding Item C, to increase the false alarm fees in the Police Department, the F&PW Committee had a long discussion, and he and Councilmember Witherspoon felt that there had been a problem with fal se alarms and recognized the need. for stiffer fees, but that it would be inappropriate to raise those fees by 100, 200 or 300 percent as was proposed by a couple of members of the Committee':. He felt it was important to jump the fees to a reasonable level during the upcoming fiscal year, and if false alarms continued to be a problem, the issue could be re-- evaluated during the year and the fees raised at that point. He said that even though they had an emotional reaction to people who allowed their alarm systems to constantly go off and not have them repaired, since the Police Department did rel ate their proposed fee to the cost of service, he thought it would be appropriate to move ahead with the staff proposal this year and re-evaluate the issue in 1983-84. AMENDMENT: Councilmember Fazzino moved, seconded by Bechtel, that Council approve the staff's recommendation with regard to false alarm fees. Councilmember Klein said he thought the fees proposed were too low. He said they did not relate to the . cost of service. The Police Department rel ated that each false al arm cost . at least $35 to answer. He said that people were given two free bites within a 90 day period, which meant they could get up to eight free bites a year. Assuming it happened within the 90 -day period, the first three fal se alarms cost the City over $100, and the City was pro- posing to charge them only $25. He thought that was outrageous since there was also a psychological damage. Chief Zurcher testi- fied that one of the hazards of fal se. alarms was : that the Police became inured to going out and answering false alarms and thinking that the alarm would be false, and were not -psychological ly ready if it turned out not to be a :_false alarm. He felt the City needed to go further to encourage people not to have:, false alarms. _ He said he did not recall the statistics, but the overwhelming majority, accordingto the Police Department, of false' alarms were human caused. They were not system errors, it was just that people were careless and did not do what they were -supposed to do with their system. He felt that if people were not going to be careful, they should be the ones to pay. He said he and Council - member Renzel had recommended to the Committee that people sti l l be given two free bites, but that the third fine be _, $50, the forth be $75, and the fifth be $100. AMENDMENT TO AMENDMENT: Co.eoci l member Kt ei n aoirs'Y, seconded by Refuel, to allow two free false alarms then chatige false alarm fees of $5©, $75, and $100. Councilmember Renzel urged support of the eoti on. As pointed out by Counci l member Klein, the fees .. as proposed did not cover the cost ,of service. She said that in addition to the psychological costs to the Police Department in becoming inured to alarms which they bell eyed may be false, the F&PW Committee was told that at any gi ven point in time, there were between fi ve and twel ve patrol cars going out on the streets .of Palo Alto, which meant that any time there was a tfalse -al arm, between oue-fifth and one -twelfth of the City's - police force was out chasing wi ndmi 1 1 She said everyone recogni zed that crime was a. serious _prob1 ere:' in Palo Al tv, and if a real alarm cane in while a fa1"se alarm was_ bei rig chaSed ,a there was - a nuge cost- to some member of the public because their alarm was not answered in the same timely fashion. Since the whole purpose of a police force and the abi 1 i ty to have al arms and answer al arms T was to prevent crime, she felt the : Council :should work in every way to make -sure .that the City `s limited resources were used in an effective Manner. The major problem with the false al armst was that the owners failed to set - them properly and they went .off improperly, She said that after the second al arm, the Police department a Went a vet and spoke to the owners and made every effort to make sure- the -: owners knew how to operate their -alarms properly. She did not think it was . unrea_ son- abl a for the City Council to try and deterthat kind :of added cost to the City's crime prevention arid_ urged the Counci lmembers to support the motion. 1 Counci Imember Cobb said he had recently ridden with a member of the Palo Alto Police Department, and spent an hour watching the officer he was riding with respond to a false alarm at midnight, which took his vehicle off the street and: out of commission in terms of responding to a real crime call for a long period of time. He added that at that hour of the evening, there were only three or four cars, so it was more like 25 percent of the police force was out there. If the Pol ce were concerned about a false alarm and could_. not track it down, there would be two cars out there and that would be half the force sitting out on a false alarm. He would support the motion. Councilmember Levy said he would support the motion, but urged staff that the Police Department or whoever was responsible should be able to contact security system holders and make them clearly aware of the fee system. AMENDMENT TO AMENDMENT PASSED by a vote of 7 1, Fazzi no voting "no," Fletcher absent. AMENDMENT AS AMENDED PASSED unanimously, Fletcher absent. AMENDMENT: Vice Mayor Bechtel moved, seconded by Levy, that the Greer Park C.1.P., and the allocation of :$55,000 be moved op to fiscal year 1982-83 from 1983-84, and that the sub$equent year allocations be moved up accordingly. Counci 1 member Klein said that as had been mentioned, the City was in a period of financial stringency and some choices had to be made.. He said Greer Park had received a great deal of money over the .last several Years, and it was not that the City was going to do nothing --staff time would be devoted to planning during the coming fiscal year. He said that given the other demands of the City's, funds and the history that over $2 million had already been spent on Greer Paris, he thought a year's pause was appropriate. Counci lmember Levy said he appreciated Counci 1aember Klein `s comments, however, he thought it was i nappropri ate to have a 20 acre park with no restrooms. It was being proposed that the particular development` be moved one year closer --it still would not happen until 1983.-84, but the planning ,.would take . pl ace in 1 '82-83. Counci 1 m ber> Renzel said she was very concerned . that the Counci 1 have funds:, available to -do soaethi 1g about the restrooms: in Greer 'Park. She agreed with Counci ]member Levy that it was untenable that there were no restrooiss: in Greer Perk. The Master P1 an included miuch more; than jut ` restrooaas, and she would support' a funding appropriation for construction of restrooms or a provision for portable restrooms or some way to address the restroom problem this year. She thought that could be done independently, of the major Master Plan issue which was a bigger chunk of money.. SUBSTITUTE AMENDMENT: Council member Renzel moved, seconded by Klein, that up to $20,000 be appropriated for the design and con- structi on of restrooms at Greer Park in the 1982-.85 fiscal year. Counci lmember Renzel said she found; it difficult to support the main motion as strongly as she supported the completion of Greer Park. She felt . that the budget restraints were difficult, and the Council was faced with the problem of having to allocate its capital funds over a five-year period in a different way. She said it was difficult for her to support a motion for the $55,000 this year, but on the other hand, she felt that Counci lmember Fazzino's motion on the restrooms, while she supported it, was not strong enough, If the funds were allocated, the restrooms would get built. She said that planning was being done at the staff level for Greer Park, and the moneys allocated for next year were substantial for the Master Plan update. City Manager .Bill Zaner said that staff received instructions from the Council to do an analysis and return with the cost and feasi- bility of putting in restrooms at Greer Park. He said staff could return to Council with some cost numbers in sixty days. At the same time, he asked for the opportunity to return with a recommen- dation as to where to get the money. He said his recommendation would be that it be taken out of some other project, that Council del ay something el se in the C. I .P. , and trade it off for Greer Park. If at that time Council wanted to appropriate funds for the restrooms, they would be in a position to do so. Counci lmember Witherspoon said the same concerns were expressed by the West Bayshore Association at the Committee meetings, and the Committee had requested a staff report, which was received on June 10. She pointed out that staff indicated. that their engineering staff time was very tight this year, no doubt due to some other parks in the works, and that $55,000 could be moved forward, but that for various other considerations, the net result would be that : the scheduled start of construction wool d be May, 1984, rather than early summer of 1984. She was not sure that moving it forward would accomplish that much. Regarding the substitute motion, she felt i t was obviously a major oversight that the rest room facilities were not put in when phase I was done. She said she would prefer to wait and see what staff said ft would cost. She said putting in a .major sewer line and water lines would be a considerable expense, and if the Council could ' get away with the temporary facilities, she felt that, should be done this summer. She said she soul d hate to spend $55,000, which should be spent on planning, putting in restrooms just for o. a season. Vice Mayor Bechtel said she was concerned that the substitute motion of allocating .a figure of up to $20,000 for restrooms. ,. much as she believed they were needed, would not buy much. She would not support the substitute motion, but woul d reintroduce the previous motion. Councilmember Cobb asked if, with regard to the $20,000, the City could really do something out of context of the larger planning process. He felt it was a 'cart before, the horse's type -of situa- tion, and he did not know if $20,000 was actually enough to pro- deed and do very much. lar� Zaner said he did _ not know the answer to the question , and that. was what the analysis ,would show -.-how much money was involved, and what had to : be done. Fie : said it was possible that portable units could be put in and- = there would be no problem and;. It could be possible that a sewer line `would: be necessary. 1 1 Councilmember Fazzino said he agreed that the need for a restroom was extremely important, and that the most reasonable way to go would be for the City engineering staff to study the issue and report back to the Council very quickly with a report on how to implement the restrooms. He felt that $20.,000 was much too much for a restroom, and that if the 'City was going to spend that kind of money, they should look at the entire project --$55,000. He felt it was inappropriate to move ahead with the $55,000 this year for Greer Park. He wanted the park plan implemented as soon as i possible, but said he might feel differently when the results of the hearings in Sacramento were received. He suggested that the City Council avoid adding much to the budget this evening pending the results of the budget hearings in Sacramento. He would not support the motions on the floor. Mayor Eyerly commented that restrooms were included in the Greer Park plans originally when the schematics were drawn up and accepted by the Council He did not feel the Council should move up Capital Improvement programs --whether it was $20,000 or $55,000. He urged the Councilmembers to vote against the substi- tute amendment. SUBSTITUTE AMENDMENT FAILED by a vote of 1 7, Renzel voting "aye,` Fletcher absent. Councilmember Renzel said it saddened her to have to vote against the motion to move the Greer Park Master Plan up. She thought it was deplorable that the matter of restrooms had been overlooked in the huge park. She said she would reluctantly vote against the motion and would hound staff until some restrooms were installed. Vice Mayor Bechtel reminded the Counci lmembers that one year ago at the same budget hearings, they questioned why there was nothing in the budget last year for Greer Park and encouraged staff to be sure there was something in the budget this year. Again, there was nothing in the budget. She thought .i t was about Lime to move on it, and pointed out that the staff report stated that it would take awhile to get the actual construction going, but the sooner the planning was commenced, the sooner the construction could start also. She urged approval of the substitute amendment. Councilmember Cobb said he would not support the motion because he did not know where the $55,000 would come from. He hoped the staff report would provide that information, and the change could be made at that time. He sAi d he wanted to move ahead al so, out wanted assurances that by spending $55,000 here, the budget would still be kept under control. AMENDMENT FAILED by a vote of 2-6, Levy and Bechtel voting ",eye," Fletcher absent,. Councilmember Levy said he was unclear about the El Camino Real Beautification Project, but understood that the cost of substan- tial improvements in the El . Camino area would be $30,000. He asked for._clarification. City Manager Bill Zaner responded that the F&PW Committee had a request b,±fore them to advance the work on El Camino Real. He said staff had prepared a report, dated June 4, 1982, which set forth the work to take place. The project, ; as suggested to F&Pbl, was a project that would run about $93,000 in ` total. He said that would be about $42,000 over the two year period --the $93.000 was intended to be over a four year period. Staff had recommended that if the Committee wished' to move the work up and appropriate the funds, 4 'trade should be made with one of the other projects i n the C. 1.P. i'ounci 1 member spent. Assistant City Manager June Fleming said that the plan as proposed by Mr. Artufian would have to be implemented over a two year period. The cost over the two years would be $42,000, and the $93,000 would be the total cost to implement the Artun1 an pi an. over the entire stretch of El Camino Real. Counci lmember Levy asked if the plan was i n the currsent. C. 1.P., and if so, when, was it scheduled. Ms. Fleming said there were no funds in the C.I.P. for the El Camino Beautification. She said the recommendation was to take the proposal as presented by Mr. Artuni an and incorporate it into a C.I.P. which would be considered next year. Mr. Zaner said staff was proposing that the City engineers do some preliminary scoping of .the. project in order to ascertain the costs this year, and that. project would then be put into the system to compete with all the other projects. He said that if .the Council wanted the El Camino Beautification Project included in the C. I.P. next year that was important for staff to know because it would affect how the C.I.P. was put together. At this point, staff intended to allow C1 Camino Landscaping to compete with all other projects next year for funding. Vice Mayor Bechtel asked about the additional positions of Facili- ties Engineer and Office Specialist. She understood that the function of managing facilities had been transferred from one department to the Public Works Department, and because of that transfer, it .waa necessary to have someone to supervise those. people. She said she did not understand the rationale for . adding a $46,715 position, plus an $18,521 position. Director of Budget and Resource Management Larry Moore responded that it was correct that the responsibility for Facilities Manage- ment was transferred from the Budget and Resource Management Department to the Public Works Department. He said that currently there was one manager who managed both the Facilities Management Division as well as the Equipment Management Division. Function- ally, that had not worked out very effectively particularly over the 1 ast year or two. He said that \the secretarial support for Facilities Management was also currently provided by secretarial support in the Equipment Management Division, and even if the responsibility had not been transferred from one department to the other, there was a strong . likelihood that an additional position would have been included for managing facilities. He did not think the transfer of responsibilities could he equated with the addition of the two new positions, Mr. Liner said that two decisions had been made with regard to Facilities Maintenance: 1) Was the level of maintenance being; provided in those facili- ties adequate? The analysis reported that the answer was no. He said the level of maintenance and preventative maintenance being done in City facilities was not adequate --the City was allowing its physical plant to deteriorate, i.e., air condi- tioning, plumbing, electrical , painting, repairs to windows, and doors, cleaning, janitorial work, etc. He said . the level of maintenance simply was not adequate, and the sol of i On to the problem was that additional help was needed in that part of the operation --someone who was skilled and trained in facility and : building maintenance. 2) What was the most appropriate place, organizationally, for that activity to be carried out ? The analysis reported that the most appropriate place to do that was in the Public Works Department: He said that department already had responsi- bility for _ the maintenance of parks,- other facilities in parks, = and surrounding; buildings, and it :_made; sense to combine the - two i n order to :use the .,manpower somewhat interchangeably. Mr. - Zaner said he was convinced that even if the position had been left in the Budget and Resource Management Department, staff would have come .tol Council_ and reported 'that an adequate job was not being done on the maintenance of the Ci ty's facilities, and hel p was needed. The type of help needed was in management and admin. . i str.ation`f 1 Mayor Eyerly said that regarding Item I, CMR :324 : 2, Social and Community Services Recreation Golf Course budget, there was a structure of fees on Attachment D, Part I. He said staff- recom- mended an increase of junior and senior fees from $3.50 to $4.00 after twilight, and the Committee did not approve it. He said he noticed that the regular fees for regular players had increases proposed and accepted by the Committee. The fees would go to $6.50 before twilight from $6.00, and after twilight to $4.00 from the existing $3.50. He felt that the fees for juniors and seniors should move commensurately with the regulars, and before twilight they both should go to $5.50, which would keep them $1 different from the regular fees, and that after twilight they should go to $4 as recommended by staff. AMENDMENT: Mayor Eyerly moved that the fees for juniors and seniors be increased to $5.50 before twilight and $4 after twilight. AMENDMENT FAILED for lack of a second. Mayor Eyerly said that regarding the team sports registration fee, staff suggested that a c-ap be placed of $400 and the Committee accepted $325. H.e said he understood that the registration fees were on a sliding scal e, and he did not understand the philosophy behind a $325 cap as opposed to a $400. He asked for clarifica- tion. Director of Recreation Paul Thi l tyen responded that in setting the fee, the cap was established to give a maximum rate that the City would charge on its fee scale. He said that at this point, the City's fee rate would be in the $275 range for adult teams, which. was at the dower end of the scale. The reason for the high scal e was to allow for the City's fees to be adjusted over a period of years, and so that staff would not have to come back to Council with a change in the Municipal Fee Schedule all the time. AMENDMENT: Mayor Eyerly moved that the cap for the team sports registration fees be increased to $400. AMENDMENT FAILED for lack of a second. Councilmember Levy said that regarding Item M, the Finance and Public Works (F&PW) Committee voted to change the, date, by which i t. was intended that the Golf Course become self-supporting, to the fiscal year 1986-87. The current Council policy was that the golf course become self-supporting in 1983-84. He said he had a number of concerns and questions about that date. He intended to mere to -return the sel f,-sopporti ng date bac.% to ` 1983.84, but asked staff the following questions about the Golf Course: 1. The bookkeeping in the budget for the Golf Course was in sev- eral different' -places, He said there was a dtfference between what 'the budget said was spent on the Golf. Course, and what the June 4 report said was being spenton the Golf Course. He asked why the budget did not reflect . all of the costs associated with the program.: 1 City Manager 8i 1 1 Lefler responded that Attachment "C" to CMR:324, dated June 4, showed that there was a five-year projection about what staff thought the golf course would do both in expenditures. and in revenues. :He said that the other set of figures referred to by Counci 1member Levy were those figures found on page 437 - of the budget, fie said that page 437 of the budget and Attachment C to CMR:324 only had two differences. First,, on Attachment "C" to CMR:324 under Salaries and Benefits, the chart showed in 82-83, sal arses and benefits of $272,970 and the budget, on page 437, had a slightly lower figure of $252,750. He .said the difference was footnoted on Attachment "C," and said that an increase in sal cries and benefits at the rate of 7% --the amount of the increase for SFII! employees --was included. The figure reflected on the June 4 memo (CMR:324) was - more accurate than the budget - which was put together several months ago. He sai d the other difference in the two documents was that the budget did not show, on page 437, the funds for the repayment Of the Golf Course bonds. On page 440 of the budget, it showed in the revenue area, an offset against revenue of rent paid to the nonprofit _corporation in the amount of $123,500. He said the rent paid to the nonprofit corpordti en was shown on CMR 324.2--those were the specific instructions of the Council in F&P 4 last year and thus were included. He said those were the only differences in the figures. Counci1member Levy said he stood corrected. He said that in last year's consultant's report, the consultant alluded to a Mountain View golf course which was in the process of construction. He asked if it was coming on -stream and if the City: was going to be faced with competition from that golf course. Director of Recreation Paul Thiltgen responded that the golf course would be coming on -stream with nine holes this coming year. He did not sense it would, be a major competition because Mt. View was coming on with high rates in the $10 through $15 range. Council member Levy asked if that gave the City the opportunity to raise its rates. He asked if the City's rates were unusually lows Mr. Thiltgen responded that the rates of the Mountain View Golf Course were unusually high. He said they were far out of the range of other municipal courses. Counci 1 member Levy asked if the Mountain V i ew course was going to be enlarged to an 18 -hole golf course. Mr. Thi 1 tgen responded that it' would, and said that the only rea- son it was at nine currently was because the other nine holes would not be completed until later in the year. He said the higher rate would benefit the City in the long run because it would be figured in with the rest of the municipal course rates, and - he was certain that the other rates would go up coraparahly over the longer period of time. Counci l member Levy Cl ari fi ed that there would be ,another munici pal.. golf course close at hand offering competition to Palo Alto He pointed out that two-thirds of Palo Alto's golfers came from out of. town. He said that the figures in the report for this year indicated 81,000 rounds played. Next year the estimate was 85,000 • which rose to 89,000,- which the consultant indicated would be the maximum that could possibly play Pala ` Alto's Municipal Golf. Course. He said the figure stayed at 89,000 even though revenues went . up 10% a year, and there would be a newer course nearby. He ased # f` the City had any special marketing effort in mind which could satisfy him that Palo Alto could raise its- rates and still increase play in view of the new, competi tive situation. 1 Mr. Thi l tgen said that the Golf Course projection raised the Palo Alto course's rates progressively and slowly to keep the golf course in the competitive market along with the other municipal courses, but still below the level of the Mountain View course. He said that the reason the golf course peaked at 89,000 rounds played was because that ,vas about all that could be pushed through the course presently. He said the golf course -hoped to accommo- date more i n the future. He said that at this time it was felt that there were more golfers Thar' the golf courses were able to handle, and most golfers traveled across the Bay to play there, but right now, 89,000 rounds played was the best estimate. Councilmember Cobb said that according to the budget document, the golf course would be self-supporting by 1986-87, but he still saw a net loss. He said no particular pattern suggested to him that the golf course was making a profit or breaking even unless it was built ins Mr. Thi l tgen said the projection was based on a 50 percent per year increase, and if the course got 5,000 more players that would be about $20,000. Counci lmember Cobb said that as he read the figures, the golf course would have to operate somewhere near optimum to reach break even by 1986.87. Mr. Thi l tgen said they were trying to be conservative because staff did not want to project something that could not be reached. He thought the figures were reasonable, and said that with a better effort in working through the pro shop, the figures could be increased slightly. AMENDMENT: Council■ember Levy moved, seconded by Eyerly, to amend the Finance and Public Works Committee recommendation to read that the policy established by Council that the golf course be self-supporting in FY 1983-84, not be changed. Counci lmember Levy said that if he were an investor looking at the numbers before him on the Golf Course, he could not buy into the program. He said the last time the Golf Course had 89,000 rounds played on it was in 1975. The trend since 1967 and '68 had ,been steadily downward with the exception of a couple of months during the year. He said the trend was noted and confirmed by the consultants .last year 'and they indicated that it seemed to be the general condition i n golf courses ire; Northern California .and per- haps more widely. This year, although a number -'of significant improvements were made in the quality of the Golf Course, .for which he commended staff, there. were only 81,000 rounds played' He said that if the golf Course fell ,Short by _ 4,000 rounds, that meant there' would be ea deficit -of $250,000. `He caennended, staff for the work which had : been done and the quality of the course. He thought _that the: the Council. should adopt the ..recommendati on for the 1983-84 time standard and urged staff eto work towardse a bream ..even poi, nt by that Mae and to do whatever was' necessary ,to achieve i t . 1r it could not be: _ done, !Council needed: to .` take another:::look determine why it was' not bel ng done, and what new poi ici es. -should be set,: and =.actions taken. ,lie 'did- not ithink,.the Council should wait 'until 1986-4i7 to do it, parti col arly: in view Of staffs projection that the golf course- would not break .even in 19815-87. _Counci l member Wl therspoon pointed Out that Counci l,meraber Levy - _was done _of the - severest' critics of= what - she.. cal led_ "fairytale = accounting" and ufai rytal a policies." - 5he sl d that one: reason all - of the: osts the golf course could be pi npoi nte:d today : was because Counci l.ember Levy had insisted that it be done.. She thought that pretending the golf course could reach a break even point in 1983-84 followed the "fairytale line. The figures showed that it could not be done. She said that 1f Councilmember Levy wanted to direct staff to do everything humanly possible to break even as soon as possible, she could support the motion, but she could not see exchanging one set of years for another set of years. She said that for the first time since she had been on the Council, she had; heard unmitigated praise for the golf course --for the staff, new turf and for all the things that.} had been criti- cized for the last six years. She thought the golf course was about to make a major breakthrough, and she would rather commend the staff than quibble with them about when the golf course would break even. She thought there was a better chance now of breaking even than ever. She would vote against the motion. Councilmember Renzel said she would oppose the motion-, but sup- ported the concept. She was in favor of .the golf course reaching a self-supporting status. Years ago, when the golf course reno- vation project was before the Planning Commission, she had raised questions about whether the increased costsof servicing the proj- ect would deter increased play, and, therefore, not meet the reve- nue projections which were optimistically presented at that time. She said the project went forward, and was now the subject of con- siderable praise. She thought that the side effect was that there was a deterrence in play both during the construction of the course and subsequently due to rate changes. Staff had clearly explained some of the operational problems with respect to meeting the self-sufficiency goal, and she thought that those realities must be dealt with. She said she reluctantly supported the change to 1986-87, and she thought everyone hoped there would be a way to bring it to fruition sooner. She said there was a close balance between the play which took place on the course, and the rates charged, and the way the course was run.. in terms of the club and the junior play, etc. She thought that staff was very much aware of the balance, and was working soundly to optimize the revenue picture. She thought that was the best that could be done, and she would oppose the motion. Vice Mayor Bechtel agreed with Councilmember Witherspoon that the Council would be deluding themselves to feel that the golf course could pay for itself or be self-sufficient by 1983-84, which was only one year from now. She said that to do it, all the current fees would have to be doubled; monthly play cards and the subsi- dies for juniors and seniors would have to be eliminated, probably at the ri sk of losing a number of the patrons at the same time. She thought that 1986-87 was a reasonable date: Swimmers, tennis players, theater goers, etc., were subsidized and it was only rea- sonable to also subsidize golfers. Councilmember Klein agreed with the comments made by Councilmem- bers Renzel, Witherspoon and Bechtel. He was concerned that mak- ing 1983-84 _ the goal would be counter -productive. He said the City's goal was to see the golf course on as financially a s,ecure basis as possible, and making the goal 19$3-84, raised the ques- tion of how. He said concrete polities would have to be put into effect —and the only way he saw was to double the fees or cut the. services. He did not think either of those would, lead to breaking even, but rather to the eventual demise of the golf course. He asked what would happen if the goal was not met --would the golf course be sold and who would buy it. He thought that setting a goal would not do the City any good, and could do some harm. He would vote against the motion. AMENDMENT FAILED by a vote of 2-6, Levy and Eyeriy, voting "aye, Fletcher absent. Mayor Eyeriy said that last year, the Finance and Public Works (F&PW) Committee discussed at some length whether there was a need for a senior recruiter and office specialist (confidential) in the Personnel Department. The F&PW Committee included 1-1/2 positions in the Personnel Department for recruiting, which were not in- cluded by the Finance Committee last year. Mayor Eyerly said in his opinion there were enough people in the Personnel Department to handle recruiting. He said that did not mean that the right bodies were there or that the right people were handling the assignments, but he thought there wer c enough people. It seemed to him, if the number of people in that department could not han- dle the recruiting, a shake-up was needed. AMENDMENT: Mayor Eyeriy moved, seconded by Levy, to delete 1-1/2 positions in the Personnel Department's 1982-83 budget. Mayor Eyeriy clarified that the motion was to reduce the Personnel Department's budget by 1-1/2 positions, i.e., senior recruiter and office specialist, confidential. Counci lmember Fazzi no said he would not be a great defender of the proposed Recruiter : position --he opposed it last year. He sup- ported it this year primarily because it received such strong sup- port from the City Manager and the Personnel Director. He saw the positions as part of the City's program to attract key people in uni que, departments. He said Palo Alto was a unique municipality, but at the same time he wanted to see some results; and, at the end of the year, he wanted to see how many positions the person hired as recruiter was involved with, and the other responsibil- ities assigned to the person. He said he shared some of : Mayor Eyeriy's concerns about the allocation of resources in the present Personnel Department. He thought a shake-up was needed, which was probably why he did not support the item last year. He would reluctantly go along with inclusion of the position in the 1982-.83 budget. City. Manager Bill Zaner said that assuming the Council approved the positions, he had made a note to return to Council during next year s budget session with data as to how effective the recruiter position had been.: He said that he had spoken to the Council on the item three times --once at the last budget when Council did not. approve it, once during the - middle ofthe year when it was Indi- cated how important the .position was, and now. He said that the resources in the Personnel Department may look somewhat deceptive: As far as professionals were concerned, there were three profes- sional' people in the Personnel Department. Jay Rounds, the Director, was occupied almost full time with labor rel,ationS and. direct negotiations. He said. that , in_ add'ition, he supervised the Department and supervised and 'managedthe personnel in the -depart- ment. Another professional dealt essentially with pay and" of essi- =' f i cati ons for 850 employees. He said that was . a full time. job. The third professional position which was vacant for a few months, and was now being filled, handled the recruiting. Mr. Rounds, stepped in -to do the special recruiting which involved unusual. problems or special positions - when possible. The workload was too heavy fer one person to do it. He said the department was .way - behind —other departments were demanding help. What had happened,. was that instead ,of_ doing the recruitment work I`n the, Personnel Department, the work 'was being done i n the departments`. The -,: departments = Were falling behind in their -work. He said that in addition, it was more difficult to °.recruit' the kinds Of specialized . people needed ` in City service. As a result, someone was needed that was trained especially in recruiting --a - recruiting specia l i st.= - He ,said the department currently had generalists,, and they were looking to add an individual with specs al i zed training and skills to .help relieve the enormous workload, He said he would be happy to give the Council a More complete report on the Personnel Department. There _appeared to be some concern about the way it was organized and the functions it performed. He thought that Council may not fully understand all the functions being done in that department.. Counci1member Klein said he thought the proposed position_l was cost-effective because it ended up saving the City a good deal of money rather than costing money. He said that in his di scus si ons with various people on the staff , i ncl udi ng Council Appointed Officers and other department heads, the issue- of th,e Personnel Recruiter seemed to come up more than anything el se. He said he had had several members of the City staff volunteer that if the Council was not going to dc:L anything else, At aught to add that position to the City staff. While he was sceptical about the position a year ago, he was a convert and thought it was something that was really needed. AMENDMENT FAILED by a vote of 3-5, Levy, Eyerly, Cobb voting "aye," Fletcher absents Counci 1 member Levy said that the Plans Checking Engineer and the Parking Monitor were the two positions that would pay for them- selves. He said he was concerned that the City Council had to be tighter than they had been on the budget, that there would be a number of problems that could amount to reduced income --over $1 million- -when the State finally got around to determining how they would allocate money. He thought that the City had to pull back. He felt that the position of Faci 1 i ti es Engineer, and the Office Specs all st that went al ong with i t , was a position that would have to be deferred until the State's allocations could be ascer- t ai ned, AMENDMENT: Councllmember Levy moved, seconded by Cobb, that the Facilities Engineer and Office Specialist position be deleted from the Facilities Management Budget. AMENDMENT FAILED by a vote of 3-5, Levy, Eyerly, Cobb voting "aye," Fletcher absent. Counci lmember Levy said he did not think the position of Financial Planning Administrator had been fully and satisfactorily defined in order for him to support it. He was alert to the real fzati on that the Ci ty could gain from having a Financial Planning Adminis- trator to help make better use of its assets, however, he had not seen a job description. He said that in the di scussi ons he had had wi th staff, he was still too vague about what - the person was to dos Peopl a outside of the .:Ci ty Administration felt that the position needed.' to be _ ti ghtiy defined first before going out to find a $48,000 person to fill it. He was aware that if things wentwell and the City got the right person, the position could be successful. AMENDMENT: Ceenci imewber Lary oared, seconded by Eyerly, that the position of Financial Planking A4 ai ni st rotor be deleted ` from the budget and Resource` Management .Department Counci 1member Witherspoon also wanted to see a job =description for that position. She said that based on the discussions she had had with staff about what the posi ti on could do, she thought the bud-. get figure was low for - the caliber of person they hoped to. re- cruit. She suggested that the department consider a consultancy. basis with firms in _; the business' if a ,pe,rzsdn ,. of the caliber desired could not be found. She thought the . expertise was -abso- lutely" necessary, and that the person had to be the best- and she. was afraid the, budget figure was ` too . low. l She thought that $48,000 for the caliber of person being sought and with the com- petition from the private sector, might -be too low. She could not support the motion, but understood the concept. Counci lrnember Cobb said that the position was the tkind Of:. position that could wind up paying for itself a few times over. -- He said that was the kind of addition he could support, but he had not gotten the asense of cost. He asked Mr. Zaner if he thought there were savings .that a the position could create that would pay - for i tsel f and more. Mr. Zaner sai d he thought the person woul d offer the ki nd of advice and expertise that was not now on the staff. He said oftentimes staff had to go out and pay for that kind of expertise. He used fi nanci ng of the downtown parki ng structure, the busi ness improvement district,: or financing of CATV as examples of areas where the expertise was needed. He said staff had discussed the matter i n some detai 1 with the private sector, and they were unanimous in their conclusion that the City needed that kind of talent and ability on staff. He said it would get harder rather than easier in the financial area, and this was the kind of talent to be brought on board now in order to get organized and moving so that the skill was available for the City down the road. Counci 1 member Cobb said he thought it was quite a bit more expen- sive to go out and get the expertise on a consultant basis. Mr. Zaner said that it could be. He said that the F&PW Committee had indicated on occasion that they did not think the City would get the right person for the money. He disagreed .and said he thought a person with the right ski i l s would :be found for $48,000. He said he had talked wi th people in the fi nanci al community personally to see what was out there and whether the concept made sense. Everyone agreed the concept made sense, and he believed there were people out there who could move into the position, provide the valuable service, and make the sal ary work. Counci lmernber-Levy asked what the actual sal ary was. Director of Budget and Resource Management Larry Moore responded that benefits compri sed approximately 22 percent of the total figure. Counci lnember Levy, said he thought the rase was a 'specs fi c one where the outside `community should be brought in. He said that financing a parking faci 1 sty'' for ,the City was new, but for the financial community ty it was ' rel ati rely; commonplace._. He thought the City could buy ,outside help without making the kind of long term commitments that bringing in a full :time employee meant. _, Further, he was concerned in the Budget and Resource Management Department that although two people were being added, no clerical help was being requested. He "was sure that next year clerical hel p would be needed. He thought more money_ than was needed was being spent for. abilities that were - av ai laibl e in the -general community and could be .hired for specific needs. Mr. Zaner responded that staff tended. to be tight with the Budget and Resource Management Department because_ they were- expected to be an examp;l a =fort al lteither. departments to fo:l l ow. He said - he -was not ` 1 ookiang _for an . i ha house consul tacit who wain d "sift. down -.and figure out hors to finance .a" parkl-ng- str uct-ure' but rather "someone who could -come = on board, look at the financing package for a parka ng' structure_°and> interpret. it for staff Sand _hel p staff undera. stand the lmplicationsr-for the total fihand fig in the City He c l-ari f t e d 'that he had taken. the pa"rki ng structure:' out of - the: _ai r because there were dozen's o€.:.pro -, jects'11ike it going on` all the time that so aeone needed to be holding= ; onto , l ntegrati ng and: putting together a fi nanci 4l plan that .tirade .sots Sense. _There was. 2 1-7 6' 6/21/82 no one currently on staff that spent their time doing just that. He said Mr. Moore spent his time trying to put together and administer a $32 million budget, which was a full time job in and of itself. He said the City had analysts who did the analytical work, and some parts of the financial operation were under the jurisdiction of the City Controller, but no one was putting together the longer range, more comprehensive financial look at what the City was doing and the implications of what steps were being taken. He thought that in the long run that would pay off. Counci lmember Fazzi no said he endorsed Mr. Zaner's comments. He said that one of the criticisms of the management and business schools was that people and products were being turned out that were short term oriented. He said he knew that the City's Budget and Resource Management Department was heavily caught up in day to day budget preparation and implementation. He thought it was very important to hire someone that could focus on a five-year plan and anticipate issues and revenue sources. He said that given the fiscal uncertainties, he thought it was important to move ahead with that kind of position. He thought the position would pay for itself in a few years and the salary and benefits were appropri- ate. He said that if they were talking about a financial czar who reported directly to the City Manager, and under whom the City had consolidated all financial management for the City, he thought it would be appropriate to make the person a senior level manager with a. salary of $55,000 to $60,000. Until that time, he thought it was appropriate to have someone at the salary level which was proposed, and see how the person operated for a year. He totally. endorsed the position, and that of all the positions which he supported at budget time, this was the most important. Mayor Eyerly said he saw the need in the City for a financial advisor, but he did not think the City could afford the type : of person he envisioned_ . He saw financial advisor being able to save the City some money when it came to large scale projects, and advice regarding bonding and the structuring of the financial package. The salary would be paid for then. He saw the subject position as becoming a financial :person who handled a lot of things that were juggled one way or another before. He said maybe staff needed that, but the only way the . City would get a true financial advisor was with an outside consultant. AMENDMENT FAILED by a vote of 2.6, Levy " and Eyerly voting "aye, Fletcher absent. Mayor Eyerly said that not knowing what the City's revenues would be from the State, the City needed to prepare for a shock which meant ' that there might be the necessity of cutting back on . staff with new positions or the filling of old positions which were not filled at this ti mot He said that if it were a horrendous removal of funds by the State, the City needed to be prepared to do that. He thought the City should have a hiring freeze on the : City's. budget until ; the State set the# r ,budget, and until staff reported to the Council what the funding would be.. He predicted that the Ci tY would know in a week or two, and at that time, if only $400,000 were removed, the staff could be relieved of°.:.the hiring freeze. NOTION: Mayor Eyerly rowed,- seconded by. Levy, a hiring freeze on new -and , el d positions -until the State budget was consu aced, and .wnti l staff, reported to the City iraeati l .. Counci l member .W1 t-herspoon - 'clarified . that -staff \-. could- _ recrrl ti ng for posi ti ons, `'but._ coul d- not make a job offer. Mayor Eyerly said he. -did : not think staff would want to do that ,. because depending upon what happened" with the State, the Council might not see fit to fund Ole position,._ and the" effort would be Wasted. 1 Mr. -Zaner commented that a hiring freeze would place a severe restriction on staff to accomplish- the. job Council had set for them. Ke said staff was mindful that the City's revenues might not be up to what the City would like them to be, and were very careful in recruiting and hiring. He did not think staff abused the process. A hiring freeze meant that ,key positions would not be filled, the City would lose people that might be on the nine, the recruiting efforts would wind down, and people would knew that the City of :Palo Alto was. not- hiring: and ..waul d look elsewhere.' He said that in response to Councilmember eezzino's question, he had assured -the City Council- that staff would be prudent with expendi- tures pending the State budget, ante_would not run out and fill every vacant -position. He believed that staff- needed the flexi- bility to keep the system running and exercise the administrative judgment necessary to hire those persons that were important to the organization. Counc i l member Renzel said she was; prepared to support the motion until the Mayor: had suggested a freeze on recruiting and prelimi- nary work in finding employees. She did not think it was unrea- sonable to have a short term freeze on Council commitments for long term personnel resources anti l the Council had an opportunity to prioritize how it wished to see diminished revenues used. She said it may happen that there was someone in the pipeline now who might be hired in that three week period, but it may not be within the Council's priorities that that position be filled before some other positions that might not be filled until later. She thought it was reasonable for the Council to take the prudent course for the short period of time until State funding was known. She would support the motion so long as staff was not prohibited from doing preliminary work on positions that had already been discussed. Mayor Eyerl y asked what staff would be doing in the next few weeks regarding the recruiting process. Mr. Zaner said he had no idea how long the State would be with their figures, and he did not know where the City was in its recruiting process. Councilmember Klein said he would vote against the hiring freeze. He thought it was a rather crude weapon for a problem that did not exist. He did not think any City problems would be ' sol ved ,.. and it could have some unintended side effects which were unnecessary in the context. He felt that a hiring freeze was a shotgun approach because it was not known who would be frozen, and what key p si-.. ti ons were not filled because of it. He thought that if the City did have a severe cutback in funds from the State, at worst, about $1,000,000 would have to be cut from the City's' budget, or the City's revenues would have to be increased by $1,000,000. He said the City had a variety of ways to -solve the problem, and he thought the freeze was a panicky move, and there was no call for it at this time. He said the City ' had :a two or three week situa- tion, and _if $I,000,000 had to be cut, it did not mean that cutting -one secretary here and one. foreman there would solve the problem. He preferred "that . the Councl 1 .keep its cool, and if the cut came, the Council should carefully consider what programs it: wanted to cut and not go to a misguided approach of • taking a willy-nilly hi ring freeze across the board. He thought it was encumber:t upon the Council to look. at specific projects and make decisions oh them. He did' not see',.a: need_.fot the hiring freeze at this time and urged his colleagues' to vote "no" on the motion. Counci lmember Levy supported Counci 1me ber Renzel :s . comments, and said that if new hires were ftoYen` the Citr'shofld continue its recruiting and preliminary work so,.th`at when the freeze was lifted the City could eve ahead. He said -Oat programs' ,did not exist in a vacCuum--they-were people `=If the City was going to cut pro- grams. people would ._ be cut back. He thought" the : City was ill- advised to hire a number c ' people during the next,few weeks only to -find that Citystaff would, be reduced a month or two out. He said other cutbacks would have to be faced from federal levels as well During the next few weeks, the City would find out what the State was going to do for this year. He said that if they cut back by $400,000, then staff had prepared for it; but if they cut back more than that, the City had to move ahead to cut programs which meant cutting people. He said the prudent way to handle it would be to hold off for the next couple of weeks in hiring new people until the City knew exactly where it was, which was also the humane ,.thing to do _ frr the people currently on the. City staff. Mayor Eyerly clarified that the motion was interpreted to mean that the recruiting process would continue if the hiring freeze was accepted by the Council. Councilmember Cobb said that a hiring freeze was not uncommon in industry and particularly in times like now. He said he was con- cerned that a couple of weeks would not make or break the situa- tion, and he would be willing to take Mr. Zaner at his word and holding him strictly to it that prudence would be the order of the day in making hiring decisions now. He said that in looking at the private ` sector, the City had mechani sms for overriding a freeze in cases of special demands, and he wa not sure that the City Council. was in the position to set up that kind of mechanism. He said that given the time element and the 1 ack of ability to override for special circumstances, he would reluctantly not sup- port the motion, but might change his mind in two or three weeks if the cutback was severe enough. He said that the ultimate mes- sage would have to be that if the Council looked at a $1.7 million cut instead of a $400,000 cut, it would cut and would hurt. Councilmember Klein said that the problem with a freeze was that it cut across the board --it would affect people who were to be hired for programs that could potentially be cut, and people who would be hired for programs that would never be cut. We said he had to trust the City Manager that he would exercise discretion and be prudent in hi ring people for programs that were candidates to be cut if the budget :deficiencies from Sacramento were as severe as had been indicated. He thought that was why a City Manager was hi red, and that Mr. Zaner's hands would be tied unduly by enacting an across the board hiring freeze at this juncture. Councilmember Renzel commented that any hiring which took place when revenues were unknown would tie the Council's hands to some degree as to the kinds of programs that should be considered for cutting. She thought it was prudent to recognize that every pro- gram was constituted by people, and that the Council shoul d think in terms of its current staff and not put them in the position of possibly being cut. She thought it made sense to support the motions MOTION PASSED by a vote of 5-3, Bechtel, Cobb, Klein voting *no„' Fletcher absent. MAIN MOTION PASSED unanimously, Fletcher absent. MOTION: Mayor Eyerly moved, seconded by'..Renzel , approval of Items 0 through T. RESOLUTION 60.40 entitled RESOLUTION OF THE COUNCIL OF TEiE eltr or :PALO ALTO -APPROVING FEES FOR THE -PALO: ALTO_ MUNICIPAL --GOLF COURSE" RESOLUTION 6041: e0titlei "RESOLUTION OF THE COUNCIL OF Tke CITY OF PA'.O 'ALTO "AMEIDING_ rCHEDULES S-1 AND -S4 01 =,.THE. -.CITY -OF PALO ALTO :UTILITIES-, RATES AND CNARSES -PERTAINING TO. DOMESTIC AND COMMERCIAL SEWAGE COLLEC T1ON AND DISPOSAL RATES" 1 xbRESOLUTION 6042 entitled "RESOLUTION OF THE COUNCIL uF TIIE CITY DF PALO ALTO AMENDING SCHEDULES E-1, E-2, AND E-4 OF THE CITY OF PALO ALTO UTILITIES RATES AND CHARGES PERTAINING TO DOMESTIC, COMMERCIAL, AND STREET AND HIGHWAY LIGHTING RATES" RESOLUTION 6043 entitled "RESOLUTION OF THE COUNCIL OF THE CITY 6F PALO ALTO ADOPTING' UTILITY RATE SCHEDULE E-3 APPLICABLE TO ELECTRIC POWER FROM CUSTOMER -OWNED FACILITIES" RESOLUTION 6044 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO. ALTO AMENDING SCHEDULES R-1, R -1 -FA, R-2, R-3, AND R-4 OF THE. CITY OF PALO ALTO UTILITIES RATES AND CHARGES", - RESOLUTION 6045 entitled "RESOLUTION OF THE COUNCIL OF Tvir-TrrY-77-TAL0 ALTO AMENDING SCHEDULES W-5, G-5, E-5, AND S-5 0F. ;HE- CITYOF PALO ALTO UTILITIES RATES AND CHARGES PERTAINING TO WATER, GAS, ELECTRIC, AND SEWER UTILITY CONNECTION CHARGES" MOTION PASSED unanimously, Fletcher absent. COUNCIL RECESSED TO EXECUTIVE SESSION RE PERSONNEL FROM 10:40 .m. ffl li 15 p.m. ITEM #1 PUBLIC HEARING: PLANNING COMMISSION RECOMMENDATION RE AN AKENWAT TO 3 MOTION: Councilmember Fazzino moved, seconded by Levy, to return the proposed amendment to the subdivision ordinance providing for a procedure for amending approved Tentative Subdivision daps or Preliminary Parcel Maps to the Planning Commission for discussion. Councilmember Renzel said that page 3 of the City Attorney's report, dated June 2, 1982, contained language that, "In the case of a map for a condominium conversion, if a condition to the map is requested to be amended, and the Council determines that the tenants relied on the condition in giving their consent pursuant to Chapter 21.40,.." She wanted to mace certain that the Planning Commission reviewed any amendments first with a recommen- dation to the City Council. City Attorney Diane Lee said she thought that was something that should have been included. She said the Planning Commission would probably make the recommendation to the City Council because it was, intended that it would go through the ; Planning ,Commission before it: went to the Council, Councilmember Renzel wanted to make surd`_ that Section 21.1?. 110(d)(2) clarified that anything that went before the city Council ror final decision would have 'preliminarily been through the Pianning.Couraission for a ;recommendation Di rector of Planning and G ommun ty Erivi ronment . Ken Schreiber' said that the section was proposed to be added under 21.12.110(d)(2) which . said that the requested amendment would be presented to "the Planning Comm1 ssi on',._ and City Council . for approval He said that was one of.. the issues to be talked about at the = Planning. C"[n1 ssi on...-.. Councilmember : Renzel said ..she: thought .it would be better to have the explicit langua.ye because while" the Commission mig;h> ..look at the' tentative map amendment, .= :'.the section which ` related spe- ci fi g al. ly to: a coedoa i ni um canoers1 on" only spoke to Council deter.- mination. Ms. Lee said she thought the problem was that in the course of all that transpired regarding the ordinance, there were several memos, several versions of the ordinance, and several suggestions. The motion was intended to refer the item back to the Planning Commission. She said it was intended that any time the Council was asked to make a decision, the Planning Commission would first review the matter and make a recommendation to the City Council. She said this talked about a preliminary decision regarding whether new consents were needed as opposed to the actual action of amendment which would come after those consents. She said the concept had changed since the initial drafting of the ordinance, and` in order to have it all fit together, she suggested that it be left to staff to incorporate appropriate language that anything that went to the Council for determination would preliminarily go to the Commission. Councilmember Renzel said that was her intent. Counci lmember Cobb said he hoped that the matter was returned to the Planning Commission with a specific mission so that they would know exactly what the City Council expected. Mayor Eyerly asked what the City Council wanted the Planning Commission to address. He asked if .it was for consideration of whether the Director of Planning and Community Environment would have the opportunity to designate whether a change was a major. one or whether a decision had to come from the Planning Commission and the City Council in view that a decision from the Director of Planning and Community Environment would be appealable. Mr. Schreiber said that was his intent. He said that the proposal by staff was that in tree event of a condominium conversion, ' it would go to the Planning Commission and the City Council rather' than being handled by staff. Mayor Eyerly clarified that consideration as to whether the Director of Planning would set the policy or whether it would go to the Planning Commission and City Council for tieci si on was what was to be referred to the Planning Commission. Mayor Eyerly declared the public hearing open. Lou Fein, ,1540 Oak .Creek Ori._ve, Palo Alto, said that in April, 1982, .the staff proposed revisions to various zoning and subdivi- sion ordinances. He said that among such ordinances was one to amend tentative subdivisions and preliminary parcel maps including condominium conversions. Thee staff proposed ordinance contained a deficiency in that it could permit' a condoms ni om converter to apply•- for and _get: substantial changes made in the conditions of a preliminary ;yap and ' the conditions of tenant consent. He said the converter could thus circumvent the required procedures of the City, condoms ni um conversion ordinance. The Council sent the pro- posed ordinani;e back to the Planning Commission for revision which was done on May 12. _ He said . Mr. Schres ber objected- to bei n;g named as the one to determi ne. whether condi ti ores for tenant ncOnsent might be breached _by the ` converter s_ request for an amendment s Ip early June, 1982, the City Attorney' adjusted the'.. proposed ordi-- ._ nance to accommodate Mr Schreiber°s objections. `die- said he prep feared.. to permit Council consideratioh of_ requests for minor physical changes i o any tentative _ map or prel i aai nary parcel" for including condoms ni urn conversion map's'. Further, .he wanted tee pro - hi bit consi derati can of requests for` other` than phys'i cal change► ' n condominium conversion maps. He wanted to -.prevent a converter from using .a loophole .in a'revision procedure- to'br-e ach a `c rdi- ti on . for tenant consent and the - cond.ti ons. that ;the Cound11` ii posed on a .Converter w gn -the `map was granted. He believed that .the orl gi real proposed ordinance would have such a loophole. He said that if a converter wanted to make an other than physical amendment to a condominium conversion map, the con- verter should have to proceed as if it .were a brand new conver- sion. He suggested that the following words be added in paragraph 21.12.110(a), "Upon application of the subdi vi der , an amendment to a tentative map or prel i mi nary parcel map, including a condami ni um conversion snap, may be made ifethe amendment —is approved,.. He suggested that Section (6) whinch was proposed to be added on page 2 of the Report from City Attorney, dated June 2, 1982, that "It is not an amendment to a map for a condominium conversion," be deleted. In order to be very clear about the Council 's intent , he suggested that Section 21.12.110(4)(2) as suggested on page 3 of the Report from City Attorney be deleted and the following inserted, "It is prohibited for a change to be made in other than physical condi tions of a condominium conversion map unless the ful i conversion process mandated in the condoms ni um conversion ordinance is initiated as a brand new application." Heurged that the City Council adopt hi s recommendati on.. He sai d that al 1 of the material had to do with the fact that the. City wanted to try and ensure that tenant consents and the conditions for the con- sents were appropriately honored. It had been pointed out that that would be impossible unless there was a hearing and the ten- ants said what they had consented to. He thought the impossi- bility was because the consent process had been left to be con- ducted by the converter. He recommended that the condominium con- version process be amended so that the City would conduct the con- sent process and not the converter, and that the City could include as an explicit statement of the conditions under which the tenants consented. Then the conditions would be known, and those conditions could be imposed on the converter when the map Was applied for. Mayor Eyerly declared the public hearing closed receiving no fur- ther requests to speak. Counci lmember Renzel said she understood that the matter was Ini- ti al ly before the Council because the ability was needed to amend a tentative map because of the types of physicial changes which popped up in the course of engineering drawings, etc. for subdivi- sions. For example, where it was found that the street alignments were slightly different, or the property description was incor- rect, etc. Mr. Schreiber said that physical changes was- the i ni ti al concern. He said there- had been si tuati ons where questions were rat sed about legitimately amending nonphysical conditions --satisfaction of various City programs, modification of BMR, etc. He said he thought there was a legitimacy in providing a procedure to amend both physical and nonphysical conditions, and in that regard he disagreed with Mr. Fein, who said he .:intended that it be limited only to physical changes. Counci l member Renzel said that in the case of a condominium con- �ersion, basically the map that was seen at both the tentative and final stages, were footprints of ,the building- -or" the "'space to be subdi vi ded. Mr. Schreiber_- said that i n that event there could be physical. changes .such as driveway wadi fi'cations, landscaping changes, etc., which could be __conditions of approval. He said there would . be a lot of conditions that were not t physitai. With any subdivision, there could be a wide -variety' of . physical and nonphysi ci al condi- tions. He thought there were more coarpl_ex subdi vi si on r approvals in part because of more ,mixed use o\\vel opments I, and projects were taking a longer- time to complete phasing. etc, Counci lrne rber Renzel said she thought Mr. Fen's suggestions were appealing with respect to condominium conversions because those were usually: rooked :_at rather closely in the -condominium conver- sion process. She said' she thought that in the course of .rthe tentative map stage for future condominium conversions, at that point, it could be determined which conditions were part' of the condominium conversion and which were part of the subdivision. Those conditions that were part of the condominium conversion were not subject to o amendment, and those that were part of the subdivision could be. Mr. Schreiber said the .condominium conversion and the subdivision were _ technically one and the ` same, and that the condominium conversion ordinance was treated in the subdivision ordinance. Councilmember Renzel said she thought it would be appropriate to treat minor amendments differently from regular- subdivisions in the ability to amend. Mr. Schreiber said that it was the Counci 1 's .pr°erogati ve to net allow amendments, or to allow minor amendment's to physical condi- tions only, or to allow minor amendments to physical and nonphysi- cal conditions. Councilmember Renzel said she preferred that in the case of condo- minium conversi ons--not new ,condoms ni um subdivisions which were a different situation --that changes be limited to minor changes in the physical conditions. She wanted the Planning Commission to 1 ook at ways to sort out that aspect and make a recommendat-i on back to the Council. Mayor Eyerly said he thought that some of those points would be brought out in the Planning Commission along with Mr. Fein's com- ments. Ile said he had a problem because there were no minutes from the Planning Commission --only action minutes. He thought the minutes were needed - so that the Council had the Commission's feelings before a decision was made. Councilmember Renzel said she understood that, which was why she tried to be a little more general in sending the matter to the Planning Commission so that they woul d look at ways to protect the tenants of existing condominiums in • the course of minor amendments. She thought one way could be to specifically single conversions out for not having anything other than minor physical changes. Councilmember Cobb said that the thrust of Mr. Fein's comments made sense to him, and he asked that the Planning Commi ssi on seriously consider those comments.. Vice Mayor Bechtel agreed with Councci'member Cobb. She thought that Mr. Fein's comments needed to be transmitted to the Planning Congas ssi on. MOTION PASSED wnaniaously, Fletcher absent. ITEM #B, 0VERNIi HT_PARKING ORDINANCE (2nd Reading, (CMR:345:2) Mayor Eyerly. `.said that thee City Attorney had Page 1 of .the ordinance, under Subsection 1, after the words "motor vehicle," the words shells" be added. requested that on paragraph 2, that "excluding camper City Attorney Diane Lee . said that was ` correct. Additionally, staff wanted to add a definition of : "camper shell" to appear at 10.44.015(7). She said.:` the definition would he as suggested by the Police Department, "camper shell is a structure designed to cover/protect .the bed area of a pick-up truck_.." MOTION: Councilmember Fazzino moved, seconded by Bechtel, approval . of the overnight parking ordinance, including "excluding camper shells' and definition of camper shells per City Attorney. ORDINANCE 3363 entitled 'ORDINANCE OF THE COUNCIL OF THE CIfl OF PALO ALTO ADDING SECTION 10.44.015, DEFINITIONS, AMENDING SECTION 10.44.020 OF THE PALO ALTO MUNICIPAL CODE TO PROHIBIT STANDING OR PARKING OF CERTAIN VEHICLES IN RESIDENTIAL ZONES BETWEEN THE HOURS OF TWO A.M.- AND SIX A.M. AND AUTHORIZING THE ISSUANCE OF PERMITS FOR OVERNIGHT PARKING OF CERTAIN VEHICLES' (1st Reading 6/7/82, PASSED .8-0, Fletcher absent, MOTION PASSED unanimously, Fletcher absent. ITEM #9 ORDINANCE RE DRINKING IN PUBLIC 2nd Reading-} Councilmember Fazzino said : he had received a number of calls from attorneys during the week who felt that the ordinance could be, easily challenged in court. He asked if any precedent had been set for it. City Attorney Diane Lee said there were cases which upheld these kinds of. ordinances. She suspected that with certain people the ordinance would not necessarily be popular, but she believed the ordinance would withstand constitutional muster and statutory muster. . Councilmember Fazzino said he was concerned about the drinking problem in Lytton Plaza whi ch seemed to have moved there from Cogswell, and supported a prohibition on drinking there. He thought a more appropriate step would be to support Councilmember Renzel's motion to dedicate Lytton Plaza and then use the City Manager's administrative capabilities to ban drinking there rather than applying a blanket ordinance city-wide. He was concerned that the City Council would look the other way in many respects while -focusing on Lytton Plaza and other areas where there was a considerable drinking problem. He would not sup sort the ordinance. MOTION: Mayor l`,Eyerly moved, seconded by Witherspoon, approval of the ordinance: re drinking in public. ORDINANCE 3364 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OT PALO ALTO ADDING CERTAIN REGULATORY PROVI- SIONS TO THE PALO ALTO MUNICIPAL CODE PROHIBITING AMONG. OTHER THINGS CONSUMPTION OF ALCOHOLIC BEVERAGES IN OR ON (1) STREETS, HIGHWAYS, . SIDEWALKS OR ALLEYS, (2) :CITY -OWNED OR OPERATED PARKING LOTS, (3) LOT. L AT BRYANT AND LY:TTON,' (4) LYTTON PLAZA, AID (5) CIVIC CENTER BLOCK AND TO AUTHORIZE THE CHIEF OF POLICE TO SUSPEND CERTAIN PROVISIONS OF THIS ORDINANCE DURING TEMPORARY STREET CLOSURES° -(1st Reading 6/7/82, Passed 8-0, Fletcher absent.) MOTION. PASSED by a vote of absent. ITEMS #I0 #11 ° 12.. . 43 #14- _,#1S, and ; #16 HUMAN SERVICES • 4 e 2) (CNN .363:2) and (CMR 364 2 ) respectively City Attorney Diane Lee had the , ffoi l owl ng corrections: ITEM , 1 , Pape 2, /(f) ITEM #12, Page. 2,...7(11, 't ITEM 115, Pale 4 , 5 (f the, date should be changed to 1983. ITEM .#16, Page 4, 61f), the date should be changed to 1983. MOTION: Vice Mayor Bechtel moved, seconded by Klein, approval of Items 010 through 016, with`awendments as suggested by City Attorney on Items 11, 12, 15 and 16. ITEM #10 • AMENDME11T 110. TO CONTRACT N0.. 4014 Palo Alto Area Information and Referral Service ITEM ill . AMENDMENT 110. 3 TO CONTRACT N0. 4017 Palo Alto Community Child Care ITEM 612 AMENDMENT 10. 3 TO CONTRACT N0. 4019 Senior Coordinating Council of the Palo Alto Area, _Inc. ITEM 013 AMENDMENT NO. I TO CONTRACT N0. 4164 Palo Alto Adolescent Services Corporation ITEM 014 ,AMENDMENT NO. 1 TO CONTRACT NO. 4165 Mi dpeni nsul a Support Network ITEM 015 AGREEMENT FAIR HOUSING SERVICES Mi dpeni nsul a Citizens for Fair Housing, Inc. ITEM 016 AGREEMENT -- SHARED HOUSING SERVICES Catholic Social Services, Inc. Counci lmember Cobb said he would not participate on Item #13, Palo Alto Adolescent Services Corporation, because he was a board member. Mayor Eyerly felt that since the City Council did not know what moneys would be received from the State, it would be wise for :the Council to approve the contracts in concept and for the amounts, but to split them into six month contracts. If there was a major cutback in funding, the City could have the F&PW Committee address the second part of the contract.. before it was released.. AMENDMENT: Mayor Eyerly moved, seconded by Witherspoon) that Items 110 -_. 016 be split into six month c nt racts--half the funding to be released, immediately, and the other half to.. be consummated after the State of California has.set :its revenues for Palo Alto. Ms. Lee said that the amendment_ .would authorize contracts for terms of six months. She commented that some.'of thecontracts had Community Development , Block Grant (CBBG) funding, so that the Council might just want to split the . General : Fund moneys to those contractort�.and not the entire sums. Mr, Icier - clarified that if Council adopted the amendment,' only those contracts funded from, General Fund moneys Would be impacted. He said some of the contractors., received other kinds of money from other agencies that simply flowed through the City but were ear. marked, i.e., Transp'brtation Development Act (TOA) moneys, and; CDBG moneys. Further, he said there were four contractors whose contracts were very small and as such, the funding appeared in the budget itself. He said they impacted the general fund, and d ._ he ssumed _ those would be included also. 2 1 8 5 6/21/82 1 1 AMENDMENT WITHDRAWN MOTION PASSED to approve contracts for one year unanimously, Fletcher absent, Cobb not participating" on Item 113, Palo Alto Adolescent Services Corporation. ITEM 017, PROJECT MOBILITY (CMR:349:2); ITEM #18 PROJECT MOBILITY (CMR:349:2); ITEM #19, PALO ALTO HOUSING CORPORATION RENEWAL OF CONTRACT FOR :: ITEM #20 PALO ALTO SANITATION COMPANY - AMENDMENT TO CONTRACT (CAR:297:7) MOTICN: Councilmember Cobb moved, seconded by Fazzino, approval of Items #17 through #20. ITEM #17 AGREEMENT - PRO T MOBILITY Mi dpeni nsul a Cab Company ITEM #18 AGREEMENT - PROJECT MOBILITY Peninsula Cab Leasing Company ITEM #19 AMENDMENT 12 TO CONTRACT NQ. 3526 LOW AND MODERATE INCOME HOUSING SERVICES Palo Alto Housing Corporation ITEM #20 AMENDMENT NO. $ 1'O tONTRACT NO. 3334 Palo Alto Sanitation Company MOTION PASSED unanimously,, Fletcher absent. ITEM #21 , STATUS REPORT ON TRAFFIC CONTROL MECHANISMS City Attorney Diane Lee said that the City of Berkeley filed a petition for rehearing with the Supreme Court. She said staff would keep the Co.'inci l advised of any developments. Further, she said there was some discussion at CalTrans of promulgating emer- gency regulations which would adopt plans and specifications for tr=affic barriers. Staff was trying to get more information regarding at what stage of approval those regulations were cur- rently. Mayor Eyerly said,.. he believed the City would get some whiplash come July 1, 1982, because he did not think CalTrans' considera- tions regarding acceptable traffic control items would be formal- ized, and he doubted that the stay on the Supreme Court's decision would be in place. He -said the Council had set a policy over the years concerning the barriers that were in now, and he thought that, general policy should be readdressed, but in order to do so, the Council needed . some information from staff concerning :the impacts of taking out the current barriers and replacing them with permanent barriers as per current CalTrans regulations. He felt that should be addressed on June. 28, 1982,. with a staff report. considering those itees so, that the public _ was aware : of what was happening and the Council could restate their policy if they wished. NOTION: Mayor:. kyerly- _waived, setaedad' by .Fiazt!o, that -a staff, report be--prep.red: for Jane 28, 198;, ceasetiling tee +i*pacts s�t taki no' net btrr'ters we _ currently have and _sakteg them ;pereseent=-. i n accordance with :,C l Trans regulations. MOTION PASSED unanimously, Fletcker:absent. r 1 TEEMM #22, RE(UEST OF COUNCILMEMBER RENZEL RE DEDICATION OF LYTTON .1111....._._ Councilmember Renzel said that in the course of some of the City's other park dedications, it ' was discovered that Lytton Plaza had not yet been dedicated. She said the people regarded Lytton Plaza as a park and intend that it stay that way. MOTION: Councilmember Renzel moved, seconded by Levy, that staff prepare an ordinance, for park dedication of Lytton Plaza. Councilmember Levy said that the history of Lytton Plaza was that it was named after Lytton , Savings and Loan, which was a company headquartered in Los. Angeles which acquired some northern California companies in the 1960's. He said Lytton Savings and Loan subsequently went out of business. AMENDMENT: Councilmember Levy moved, seconded by Klein, that staff, in consultation with the historical association, recommend a permanent name for what was now called "Lytton Plaza." Councilmember Renzel felt that Bart Lytton, who was a principal in the firm who owned the property, was thoughtful in creating the nice public spot that everyone grew to enjoy so much. She said it was hi.s creation and she did not object to his name being con- sidered as a possible name. She thought Councilmember Levy was correct that the name that came with a piece of property did not have to be accepted, but in this instance, she thought the park itself was a creation of Bart Lytton and it was appropriate to consider his name. Councilmember Fazzino said he appreciated the desire to find some appropriate sites for important Palo Alto historic figures, but in this case he 'felt Lytton Plaza. had such a fascinating political and social history caught up with the changing times of the commu- nity over the past 20 years, that it would be'a crime to change the name. He hoped it would continue to be called "Lytton Plaza." AMENDMENT FAILED by a vote of 3-5, Levy, Witherspoon, Klein voting "aye," Fletcher : absent. MOTION PASSED unanimously, Fletcher absent. TEM #23 RE}UEST OF COUNCILMEMBERS BECHTEL COBB FAllINO AND API Councilmember Levy said that the Council would begin consideration of cable television which would . include a number of important decisions including ownership, financing arrangements, programmi ng responsibility, etc. Regardless of the resolution of those issues, he and Councilmembers Bechtel, Cobb and Fazzino believed it should be the right of Palo Alto to have an extremely broad range of p :ogrammi ne through cable television recognizing the sophistication of the community and the diversity of entertainment and educational interests among Palo Alto residents. MOTION: Councilmember Levy moved, seconded by Fazzino, approval of the resolution. 'RESOLUTION 6046 entitled ."RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING ITS DESIRE THAT CABLE TELEVISION. PROGRAMMING IN PALO ALTO,.BE OF ..THE BROADEST POSSIBLE RANGE" Counci lmeuber ''.Renzel 'd d :not u`nderstafd I the_ ,:.effect o - resol,utf on' i n tarps of ',negotiations or future decisions,. such Ms. Lee did not see any legal effects, and thought it was a policy expression on the part of the Council. Councilmember Witherspoon asked if adult movies were being advoca- ted. 1 Councilmember Fazzino said he had interpreted the motion to mean that the Council was going on record against censorship, which was why he was supporting the motion. He commented that if someone was willing to pay, the issue of censorship should not apply to programming alternatives. He believed that as broad a selection of programming should be provided to the Palo Alto citizens as possible. Alison Lee, 1241 Harker Avenue, said she supported the resolution because she felt it set a good precedent in that the Council was talking about policy in terms of censorship and meeting the needs of the people. The Council was not looking first at dollars and cents, and she urged the Council to consider that it could very well be that the private alternative, as opposed to the municipal, may not be able to live up to that kind of policy. Councilmember Witherspoon said she was not interested in advocating adult movies if it was going to be a public system. She would not support the motion. NOTION PASSED by a vote of 6-2, Eyerly and Witherspoon ,..sting "no," Fletcher absent. - ADJOURNMENT Council adjourned at 12:20 a.m. ATTEST: APPROVED: