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HomeMy WebLinkAbout1977-06-13 City Council Summary MinutesCITY couNa i MINUT€S Regular Meeting June 13, 1977 ITEM Approval of Minutes of May 2, 1977 and May 16, 1977 Oral Communications Consent Calendar. Action Items Award of Bids: 1976-77 Slurry Seal Project Employees' Retirement Program: Lae -Time 152 Benefit Increase for Certain Retirees Compensation Plan for Management Personnel and Council Appointees Bicentennial Presentation: U.A.R. Palo Alto Chapter Americanism Medal - Preaented to Queenie Amirian Public Hearing: Assessments for University Avenue District and California Avenue Parking Bonds - Plan C and California Avenue Area Offstraet Parking Maintenance District 520 Maybell Avenue: Zone Change From R-1, R-5, C -3-S, To P -C, Subject to Conditions (Barron Square) Barber Pole Signs -Request of Cauncilsembers Eyerly, Berwald, Clay, Witherspoon, and Norton Re Barber Pole Signs Council Ratification Of PACCC Appointment City of Palo Alto Budget 1977-78 - Public Hearing Palo Alto Golf Course and Club House: Planning Commission Recommends Approval of Site and Design Control Continuance of Agenda Adjournment CITY OF PALO ALTO PAGE 1 0 1 5 1 0 1 4 1 0 1 5 1 0 1 5 1 0 1 5 1 0 1 5 1 0 1 6 I 0 2 0 1 0 2 7 1 0 2 8 1 0 2 8 1 0 4 1 1 0 4 2 1 0 4 2 1 1 0 1 3 A 5/13/77 Regular Feting June 13, 19?7 The City Council of the City of Palo Alto met on this date at 7:30 p.m. in a regular meeting with Mayor Norton presiding. PRESENT: Bervald, Carey, Clay, Comstock (arrived 8:40 p.m.) Eyerly, Norton, Sher, Witherspoon ABSENT: geahrs APPROVAL 0? )UNUTES OP MAY 2, 1977 Councilwomen Witherspoon asked that the word "and" be inserted between ""general information" and "referral," on the second lie, page §28. On page 931, Biddle of the page, Councilman Berwald"s questiontshould read, "depicting violence and sadism." On page 940, 5th line in the 4th paragraph, the line should read, "`pump tax for the few pumps in active use now.I! MOTION: Couecilwomaa Witherspoon moved, seconded by Berwald, that the minutes of May 2 be approved as corrected. The motion passed on a unanimous vote, Councilmen Beahrs and Comstock absent. PROVAL OF MINUTES OF MAY 16 1977 Councilman Carey asked that on page 966, 28th line from the top, the sentence read: "He es.ad that a reduction of density down to ten would be mieimal when compared with `hat was being proposed." MOTION: Mayor Norton moved, seconded by Bervald, that the minutes of May 16 be approved as corrected. The motion passed on a unanimous vote, Councilman Comstock and Beahrs absent. Mayor Norton counseled that a brief executive session would take place later for Council approval of a Palo Alto Child Care Center (PACCC) appointment; the agenda should be completed that evening as well, and he urged that Councilmeambers keep that need for brevity in wind. ICAT IO$ None cops= C AI Referral Items None Action Its Councilman Untold asked that the item relating to public card roams be removed from the Consent Csleadaer. Councilman Ey.rly ascertained that the item concerning the Bureau of Reclamation refund would be discussed June 20. That would be done on the assumption that Council could have discussion on the matter. Mayor Morton asked that Item 2 regarding time 1977 Electrical Code be removed to accommodate a request from a member mber of the public. 1014 6/13/77 Vice Mayor Clay removed Item 5 regarding the County General Plan, to accommodate a member of the publics The following items remained on the Consent Calendar, Action Items: AWARD OF BIDS: 1976-1977 SLURRY SEAL PROJECT (Q2:328:7) arrmwrm+rr■�cm�r�■rr �r - Staff recommends that the Council: 1) find, by motion action, th t this project is categorically exempt from tha requirements of the Califs nia Envircnmental Quality Act of 1970; 2) authorize the Mayor to execute a contract with Asphalt Maintenance International in the amount :;f $23,496.83 for Schedule 1, including ell Add -Alternates and Schedule II. EJLPLOYEESf ' ETT IREMENTrei MGM: (: ONE -'l ltd 15% BENEFIT INCREASE FOR CERTAIN RETIREES_ (c R:334:7) .�.aa�war+e..�o�■ Staff recommends that Council adopt the attached Resolution of Intention so that the City-PERS contract away be amended to include Section 21222.6 (one-time 15% increase for certain miscellaneous employees who retired prior to July 1, 1971). RESOLUTION 5410 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALT OFF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF PALO ALTO." COMPENSATION PLAN FOR MANAGEMENT PERSONNEL- AND COUNCIL APPOINTEE S (C :339: 7) Staff recommends that Council approve the attached resolutions adopting a compensation plan for management personnel and Council appointees effective July 3, 1977. RESOLUTION 5411 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ADOPTING A COMPENSATION PLAN FOR MANAGEMENT PERSONNEL AND COUNCIL APPOINTEES (EFFECTIVE JULY 3, 1977) AND RESCLNDING RESOLUTION NOS. 5232 and 5270." MOTION: Mayor Norton moved, seconded by Berwald, that Council approve the resolutions and authorize the contract award. The motion parasad on a unanimous vote, Councilmen Comstock and Baehr* absent. , iE AMIALII�4bi Curt Weil, 31 -Centennial Committee Chairman, said that Mirian Hcpiak had asked Mayor Norton if he would publicly present the Americanism Medal, given to a Palo Alto naturalized citizen by the national organization .of the Daughters of the American Itevolutittt. The award was given for qualities of loyalty, lsaderehip and patriotism Queenis Aalrian, recipient of the award, bad been born in Turkey and came to the United States and settled in the Boston areas in 1920, and earned degrees at Boston University and American University in history and international law. She bad worked for various Armenian projects in her earlier years, and after a move to Palo Alto she was active with civic concerns for many years. Mayor Norton expressed personal pleasure at being able to make the sward. 1 0 1 5 ri 6/13/77 Mrs. Ainirian accepted the award and spoke of her pleasure in being a U.S. citizen. Councilman Berwald spoke of his appreciation of Mrs. Amiriau's many civic acts. 1 PUBLIC HEARING: ASSESSMENTS FOR UNIVERSITY E DISTRICT AND CALIFORNIA fSVENUB PARKING BONDS - PLAN G AND CALIFORNI4 AVE UB AREA OFPSTREET PARKING MAINTENANCE DISTRICT (cMa:329:7) i�wrd.�.r.�.r.��7�..�.r.�.brr.+.rrr.rl�r�. r.�rrr � rs■ Mayor Norton declared the public hearing open saying the matter came before Council annually on assessments that had to be levied to pay principal and interest on the parking bonds issued under various bond plans shown on the agenda. Mayor Norton said that bonds in the amount of $390,000.00 had been issued and sold for project 65-9; $420,000.00 for project 71-63; $975,000.00 for project 66-8. The principal and interest were payable from proceeds lade from assessments to be made that evening. Bonds had been issued and sold in the amount of $971,000.00 for project 71-63 with principal and interest payments payable from the assessments to be made that evening. Mayor Norton informed those present that the assessment had to be levied; the purpose of the public hearing was to offer each propertyholder an opportunity to question the computation of his individual assessment and the elements which comprised it. Those elements were the square footage of the building, computation of parking requirements for the building under City ordinances, the use to which the property was to be put, and the amount of off-street parking being provided in satisfaction of those requirements. Loren Torrey, 6 Lassen Court, Menlo Park, said that with his wife he owned the property at Lytton and Kipling and he objected at not having received an assesaaa4ent--he had been advised that his property was not going to be taken by the City. The City, he explained, was suing him to condemn the property. His attorneys said there were many defects in the suit, including the appraisal and an incorrect description. Mr. Torrey said that he had tried to suggest compromises with the City but the City did not accept any of thee. His attorueyee told him that improper notice had been given by the City, which made the public hearing on February 7 invalid. At that meeting the motion to take the property by Eminent Domain had been defeated. He also objected to the procedure by which the swatter was reconsidered. Mr. Torrey said he had copies of the letter he received from the attorneys; he asked that they be peessed out to Councilmen. He steted that he understood that in establishing an assessment district a new resolution had to be passed and another public.hearing held. Mayor Norton asked if Mr. Torrey objected to the City's acquisition of the property. Mr. Torrey replied, "I have no objection at a fair price. The appraisal was inadequate." Mayor Norton said, "So it's basically a matter of price rather than the principle." Mt. Torrey said he would prefer to keep the property. Ben Pawloski, Director of Public Works, said his comments had to do with adjustments on some of the parcels and were not related to protests and comments about some of the written protests which the 1 0 1 6 6/13/77 /074. staff had received. Two parcels, one at 265 Cambridge and another at 245 Lytton, needed adjustments. The 265 Cambridge parcel, 124-28-40, did not have an accurate credit for off-street parking. He read the changes in the assessments: project 65-09, amendment was needed from $203.86 to $173.28; project 71-63, the assessment had to be amended from $314.36 to $257.21; for the maintenance assessment district an amendment was needed from $196.12 to $166,70. The parcel at 245 Lytton did not involve a protest. It was in the Downtown assessment district, parcel 120-25-86: an additional credit for off-street parking reduced the assessment for project 66-08 from $1387.47 to $1323.19; for project 75-63, from $1476.22 to $1407.83. There had been six written protests: Daniel G. Fowler, 620 Emerson Street, parcel 120-27-025, with a general protest about the district parking situation but not a protest about any error in the assessment; Mrs. Richard S. Coyne, 410 Sherman, for parcel 124-33--05, in which the assessment should be corrected to provide three additional off- street parking spaces, reducing the assessments as follows: project 65-09 from $122.56 to $91.22; project 71-63 from $188.99 to $141.75; and in the maintenance assessment district, from $117.90 to $88.43. A protest had been received from Mr. Erhard Christensen, 436 Waverly, concerning assessor's parcel 120-15-040, and the credit given for off-street parking spaces. Mr. Gene Tolonei, President of the California Avenue Area Development Association, had protested on behalf of the association against the spreading of assessments for the California Avenue Maintenance District; Stanely Bishop had protested about parcel 124-33-030, 124-32.038, and 124-32-027 in the California Avenue District and the method of assessment for the maintenance district. The assessment method had been approved by the City Council, Mr. Pawloski said. Mr. Torrey had also protested on the proceedings only, not the assessment: itself. Mayor Norton observed that Mr, bishop protested that the G -bond method was not equitable. Mayor Norton said that he himself did not think that owners of vacant property should have a "free ride," for it took the incentive out of developing in the near future. He asked Per. Pawloski if he understood that to be the California Avenue Association's objection to the G -bond method. Mr. Pawloski answered that it was true so fax as it related to un- developed or unoccupied properties were not exempt. Mr. Pawloski recalled then that Mr. Ellis Jacobs had registered a written protest concerning assessor parcel 124-32-251, at 443-445 Cambridge. The protest concerned the Maintenance District and the use of the G -bond method of assessment. He had written that he thought vacant lots should not be assessed. Councilman Bevwald asked if the City could offer to let Erhard Christiansen pave the ten spaces so that he could be exempted from the assessment. Mfr. Pawloski answered that Mir. Christiansen could do that except the lot looked as though it would only accommodate six off -=street parking spaces, which would probably reduce the assessments about $100. Councilman Bervaild asked if it would be customary for the City to offer that Mr. Christiansen could do that. Mr. Pawloski said that the "lien date" on the essessment meant that the work had to be done by a certain date. The date had passed for this year --he could do it for 1978-79. The objection had just been received by the City. Mx. Pawloski said that he would advise Mt. Christiansen. 1 0 1 7 1' . ? 6/13177 Councilman Berwald said he thought the City should advise property - owners of anything they could do to reduce their assessments. Mayor Norton said he had an interest in California Avenue property which was used for residential purposes. Though it we.s probably not subject to that assessment he would not participate in the ensuing discussion. Councilman Carey said he had a partial interest in property on University Avenue. He understood that the vote that evening did not concern the amount of the assessment. He had not participated prior to that time, but he would vote on the California Avenue portion of the matter, but not participate on the University Avenue portion, if the vote were separate on each matter. Councilman Sher said he had missed the meeting at which Council had approved the California Avenue Assessment District. He referred to the letter Council had received from the California Avenue Area Development Association, stating that protest had been wade by the Association at that time and asked why the G -bond method had been selected over the method proposed by the Association. Mr. Pavloski said that though he was not present at the meeting, he had read the minutes, and the issues were the same --if the G -bond procedure were followed vacant parcels or unoccupied buildings were assessed. Ken Jcnes, bond consultant of Wilson, Jones, Morton & Lynch, recalled that one of the points of the discussion was that cost of the main- tenance was attributable in part to the use of the facilities, and . . it was thought that the vacant properties did not impose the burden of use and therefore should no; be imposed with the burden of payment." Councilman Sher said that normally Council would accede to the desires of the Association, or make those desires an important factor. He hood been puzzled. Councilman Berwald said that the Finance Committee had talked about the matter at two meetings, and Mr. Jones had been present at one of them. There were anomalies in every kind of aaseaes ent, and the G -bond method seemed most equitable and reasonable. While it could be said that not assessing vacant property withheld incentive for development, it would certainly not be considered a major asaessuent. The C -bond assessment and the eliminating of non-profit organisations had been dee is ioaa made by Council some time ago --he had wondered if the spread should be limited to profit -making organidations--the C -board method had been seen as moat equitable. MOTION: Councilman Eyerly introduced the following resolutions and moved, seconded by Berwald, that Council accept the staff .recoeseenda- tion and approve the Resolutions on the California Avenue Aseessmeat District: RESOLUTION 5417 entitled "A RESOLUTION CONFIRMING ENGINEER'S MORT AND ASSESSMI T ROLL CALIFORNIA AVENUE AREA OFPSTREET PARKING PROJECT NO. 63-9" RESOLUTION 5413 entitled "A RESOLUTION CONFIRMING ENGINEER'S REPORT AND ASSESSMENT ROLL CALIFORNIA AVENUE AREA OOFSTRLET PARKING PROJECT NO. 71.63" 1 0 1 6/13/77 tole' RESOLUTION 5414 entitled "A RESOLUTION CONFIRMING ENGINEER'S REPORT AND ASSESSMENT B. .L CALIFORNIA AVENUE AREA OFFSTREET PARKING MAINTENANCE DISTRICT" Erhard Chrietiansen, 2421 Ramona, speaking to University Avenue District assessments, said he owned the building at 436 Waverly Avenue. Two of the eleven possible parking spaces were on pavement, the others were on "concrete gravel" at the rear of the property. Mr. Pawloski responded that the City had given credit for the parking apace in front of the building, as being legal, but those on the side of the building had not gotten credit for they were not legal, from the standpoint of size, rather than paving. He said he would check again on the apace adjacent to the building, and if it were "legal" the City would give Mr. Christiansen credit for an additional offatreet apace. Mayor Norton asked how it would be best for Council to proceed. Ken Jones a.•eplied that it would be in order for Council to proceed with the assessment, but to delegate to Mr. Pewloski the authority to investigate the dimensions of th€' subject parking space, authorizing him to correct the amount of the assessment on the subject property by one additional credit. Projects 66-8 and 75-63 were involved in that authorisation. Mr. Joie continued saying that contrary to what .was written in the resolution, the assessment was made not to pay principal and interest on bonds, but vas made to cover the cost and operation of maintenance. Ile said he had submitted a correction on the matter. PUBLIC HEARING CLOSED: Mayor Norton affirmed that the correction, had been made. He called for further speakers ---these being none he declared the public hearing closed. Councilman Sher referred back to Mr. Torrey's comments on possible inaccuracies in the Eminent Domain proceedings. He asked if that had any effect in the spreading of the assessment. Mr. Jones replied that If there were defects Mr. Torrey could find redress in court if the court confirmed that there were. Then the matter of Eminent Domain would be referred back to Council for appropriate action. That did not concern the proceedings to lend the assessments nor for the formation of the District. Councilman derwald asked staff if they knew of any incorrect procedures in connection with the property. Mr. Pawloski sadd he want not aware of any. Couacilmau Berwald asked if, when the Csliforni,a Developeeut Association recommended the spread of 25 percent on land in the District and 75 percent on the deficiency. the staff had worked up a set of comparison figures and attained any strong recommendations against the 75-25 percent formula. Mr. Pawloski replied that it was a difficult procedure --staff had thought the 0 -bond proceuuee gave the most equitable spread. They had not mad* an assessment spread on that suggested assessment method. They had exazl.ned it and concluded the 0 -bond method was best. 1 0 1 9 6/13/77 1 1 Mayor Norton asked the bond consultant, Mr. Jones, if it would be necessary to entertain a motion overruling protests Mr. Jones answered that all the necessary action was incorporated in the resolution. MOTION PASSED: The motion adopting the resolution concerning California Avenue passed on a unanimous vote, Mayor Norton not participating; Councilmember Beahrs absent. MOTION: Councilman Eyerly introduced the following resolutions and moved, seconded by Witherspoon, that Council adopt the resolutions on University Avenue with the provision that staff study the parking situation at 436 Waverley and make the proper amend ante to the Assessment District. RESOLUTION NO. 5415 entitled "A RESOLUTION CONFIRMING ENGINEER'S REPORT AND ASSESSMENT ROLL." UNIVERSITY AVENUE AREA CIVIC CENTER 0PFSTR£Ei PARKING PROJECT 66-8 RESOLUTION NO. 5416 entitled "A RESOLUTION CONFIRN?NG ENCINEER'S REPORT AND ASSESSMENT ROLL." UNIVERSITY AVENUE ARRA OFFSTREET PARKING PROJECT NO. 76-63. MOTION PASSED: The motion passed on a unanimous vote, Council.member Carey not participating, Councilman Beahrs absent. MOTION: Council ; Witherspoon moved, seconded by Eyerly, that Council bring old item 13a, regarding Barron Square, forward on the agenda. The motion passed on a unanimous vote. 520 HAYBF.Li. A�lb'NUE : ZONE CHANGE FROM �a1� ��Yl_. L.yI c®..u-mi�Insdew..eooisw.��s�i.anis R-1 R-5 C -3-S TO P -C SUBJECT TO CONDITIONS BARRON SQUARE MOTION; Councilwoman Witherspoon introduced the following ordinance and moved, seconded by Eyerly, its approval for second reading: ORDINANCE NO. 2995 entitled "ORDINANCE OP TRE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL CODE TO MUM THE maw CLASSIFICATION OF CERTAIN PROPERTY KNOWN AS BAUM SQUARE LOCATED AT 520 MAYBELL AVENUE FROM 1-1, R-5, C -s -S TO P -C, SUBJECT TO CONDITIONS." (First reading Mny 16, 1977) (continued from June 6, 1977) Sam Sparck, 4099 Laguna, said some changes bad been wade in the plan 3ince the first reading of the ordinance: 1) the number of units was reduced from 91 to 86, lowering portions of structures nest to existing structures from two-story to one-story; 2) the aunt of parking 1 1 0 2 0 6/13/77 /vd had been increased; 3) the limited access had been added to certain units of the property on El Camino. The changes had been in the right direction, though he said they were not substantive and did not eliminate his objection to the project. The charge in number of units simply returned it to the density it had when originally proposed. He renewed his request that the density be lowered to 70 units, with those units removed from those which were to be adjacent to the existing homes so that there would be only one-story units next to the existing single- family homes, and that full access to El Camino be added to take pressure off the residential street of Maybell Avenue. De warned that if Council approved the development in its present form, it seemed likely that a referendum would be held, though it was not desired and would not be undertaken lightly. He asked Council to refer the matter back to the Planning Commission with the direction to further reduce the denoity and make the buildings adjacent to single-family only one-story. Gretchen Leland, 3700 Laguna, deplored the swift changes in Barron Park'b character; saying "Multi -family projects are impacting this area of Palo Alto." The quality of their lives, she said, has already degenerated. She said that rather than react to crises, Palo Alto should plan ahead to avert there. She said other Palo Altans shared Barron Park's forthcoming hardships on traffic and density. Janet Thain, 4146 El Camino Real and 319 Curtner, said only a small percentage of Barron Park residents objected to Barron Square, and she had obtained signatures on a petition assuring that the majority of residents did not oppose the project. The petition had 204 signatures of residents approving. She thought the planned development would "enhance the neighborhood immeasurably." /60 Roger Shoff, 674 Florai.es Drive, said he had appeared several before Council and the Planning Commission trying to mold the ►lent into one that would be compatible with the neighborhood. development stood at present he concurred wholeheartedly with and Mrs. Leland. He asked that Council give attention to the concerns of the residents which had been brought before them. times develop - As the Mr. Sparck very real Joyce Anderson, 3881 Magnolia Drive, had been told that it would not be easy to be annexed to Palo Alto --she had not realized it would be so difficult. She said Barron Park residents would continue to fight. She read a passage from a book called "The Destruction of California," which said in part "To sake room a massive redevelopment is taking place.... The results are generally undesirable...." Councilman Comstock said that the June 2 staff report had referred to several matters that were included in the ordins'nce, such as numbers of units and description of parking and the like. He asked if those points were all implicit in the second reading of the ordinance. Councilwoman Withere;poon said that those points were implicit in her motion. Mayor Norton affirmed that the second to the motion understood that as well. Councilman Comstock asked staff what the internal road situation was at present for the development. Hapbtali Knox, Director of Planning and Community Development, said the public road development remained the saw as on the previous plan, that is, it entered the property off $aybell Avenue and ended in about the middle of the property, Tha width of 35 feet derived from the fire department requirement for 20 -foot "clear traveled way," with parking on both sides of 7 and one-half feet, equaling 35 feet curb to' ciirb. 1 0 2 1 6/13/77 Councilman Comstock asked if the City had required the same at the McElroy property. Mr. Knox said that the McElroy project had been approved with private streets 20 feet in width. Councilman Comtock said he had thought the City had asked that the streets he dedicated as public. Mr. Knox replied that the streets had not been dedicated as public. The gate at the entrance was an issue, and a close vote had determined that the streets would be private. Councilman Comstock recalled discussions about Old Trace Road, and he regretted the streets that had resulted. He approved of the public road at the Barron Square development, though there were alternatives to turning half of a development into asphalt, a cul-de-sac of only 35 feet did not seers correct. AMENDMENT: Councilman Cosmtock moved, seconded by Berwald, that the public street be reduced to 25 feet and that staff apply parking requirements as appropriate to meet fire department requirements. Councilman Berwald said he was glad to second the amendment and perhaps thereby reduce the amount of blacktop. He asked if Councilman Comstock's motion also implied that the houses would be moved correspondingly. Councilman Comstock said he did not want to interfere with the developer's plans. Councilman Sher said one of the private drives came in from El Camino to service two of the buildings. He asked if Councilman Comstock's motion would make it possible for the public drive to join with it and then go through to El Camino. Mayor Norton said that plan brought up the specter of people using that street as a by-pass. for the big intersection at El Camino and Maybell. Mr. Knox said that one reason for keeping the road private was to keep it 24 feet in width, Were the street to be public it would be wider and the development would then be pinched at that area. However, the streets could be joined in such a way as to sake through traffic possible but not desirable. The road at the McElroy property did in fact run from Vista to Los Robles but it vas circuitous enough to keep through traffic off; perhaps the same could be done at Barron Square. Councilman Comstock said he was addressing the matter of the "bulb" at the cul-de-aac, vbich took up too such expanse in his opinion —while he lid open space he did not favor calling an expanse of asphalt "open space." Mayor Norton asked if Councilman Comstock's motion intended that the private and the public streets be joined. Councilman Comstock said his motion intended only to cut down the expanse of asphalt, narrowing both street end "bulb" of the cul-de-sac. Councilmen Eyerly said that if the street van narrowed 45 parking spaces would be eliminated. Re thought that would lead to parking on Barron Park's side streetbi. He said he would vote against the amendment, foregoing the open space in favor of the parking spaces. 1 0 2 2 6/13/77/64.) / ,-' Vice Mayor Clay asked that staff respond to Councilman Eyerly'e concern on perking. Mr. Knox replied that pereoc*,lly 1e thought there was adequate parking. The 2.2 parking ratio was more than elsewhere in the City. Councilman Carey said he assumed the street could continue to be public even though it was not 35 feet wide. Mr= Knox said that Council set the width of public streets, either by ordinance or resolution, some time in the past. `'hough staff had not felt it should diminish the width requirements, Council could do so if it wished. Once the street width was narrowed it brought on parking problems, for though one side might be posted "No parking" there were enforcement problems it order to keep the street open for emergency vehicles. He recommended, if Council did narrow the width, that the bulb be kept the tame, for it was needed for emergency vehicles for turnaround. Councilman Carey asked City Attorney booth if Courci.l had the power to Narrow street width. City Attorney Booth said that Council had that power with Planned Community. Mayor Norton asked if implicit in Councilman Comstock's motion was the understanding that the right-of-way would not be diminished, but merely that the improved curb to curb dimension be narrowed. Councilman Comstock agreed. He said that in about 20 years he thought most people would be back to one -car ownership and parking would not be such a problem. Regarding Mr. K.nox's concern about turnaround for emergency vehicles, that was not a day--to-day problem, and there could be a agor e-eyepleasing way to handle that kind of access that would provide a bearing --surface for emergency vehicle turnaround. Councilman Berwald expressed growing doubt about the wisdom of cutting down the width of the street because of not only cutting down parking spaces but also creating enforcement problems. Though there were problems with design projects at Council meetings, he thought the street could be narrowed with staggered cutouts for parallel parking. AMENDMENT FAILED: The amendment to narrow the width of the road to 24 feet failed on the following vote: AYES: Norton, Witherspoon, Comstock NOES: Sher, Berwald, Carey, Clay, Eyerly ABSENT: Bestirs AMENDMENT: Councilman Comstock sexed, seconded by Sher, that the number of units iu the Barron Square development be reduced to 70, with the in -- lieu payment to the City proportionately reduced. Councilman Eyerly pointed out that at 86 units to be built on 7.19 acres the density of 11 units per acre would be the sate as R-Dup. He said he did not want to interfere any further with the plane. AMENDMENT FAILED: The t failed on the following vote: Ate: Sher, Comstock DOS: Serweld, Garay, Clay, Eyerly, Norton, Witherspoon ASSENT: ors 1023 6/13/77 Councilman Sher enumerated some of the changes that had taken place in the plans for the development: the private drive opening on El Camino, changes in parking, and so forth. Since the Barron Square matter before Council that evening was a zoning matter he said, would it not be proper to return it to the Planning Department, since they had not seen the changee? City Attorney Booth said that it was not required. Once the Planning Department had seen it the Council could deal with it as they saw fit. Councilman Sher asked if the changes could be incorporated on the second reading. Mr. Booth answered that it would be difficult to classify the 9 or so changes as either major or minor; the Council, if it wished, could give the ordinance a further first reading with the changes, with second reading to follow June 27. Councilman Sher reviewed that the Planning Department had a meeting with the interested public, and one of the commitments had been to analyze and work out some solution to the traffic problems. That meeting was to result in a recommendation to the Council on some corrective measures such as traffic diverters acid/or traffic signals. He asked Mr. Knox if the Planning Department should not have made that study prior to approving the proie.;.t, since the project compounded traffic from two other recently approved projects in the same area. Hr. Knox replied that the study had been scheduled for this year and simply had been moved up on the schedule. The three projects, while they exacerbated the problem, had not created it, for it had already been there. Barron Park had recently become part of the City, he said, and the Planning staff had been "backed up" with traffic problems in Fairteadow and Southgate. Some shuffling of priorities would occur, but that would not mean a major shift in the staff effort. Councilman Sher repeated his question: was it wise to approve the Barron Square development when a major traffic problem had needed study? Mr. Knox replied that while there had been moratoria, he knew of no precedent in the City when a development had been held up while a study was made. Councilman Sher answered that he recalled no ouch situation either, nor did he recall that in midstream it vas found there was a bad traffic problem. He turned to the matter of in -lieu payment by the developer, which, in the original proposal, was to have been $192,000. The proposal now was to reduce that to $137,600 --the components of the reduction are the five units being deleted @ $2100 per unit. The major part of the reduction was nearly $44,000 because some additional parking was going to be added underground. The staff report noted that the developer had come up with the idea of putting the additional spaces underground: why did it follow that the City would "pay" for the additional underground parking? Mr. Knox said the plan called for the developer providing 10 percent belowemerket value units. The word "should" rather than the word "require" puts the City into a negotiating position with the developer in each instance, The $192,000 had been negotiated in relation to 91 units; the developer would go no further in in -lieu payment. )1r. Knox stated that everything becomes a trade-off beyond that point --reducing numbers of unite or adding facilities that cost money led to ,such trade-offs. One trada-off was the traffic signal and the other had been the aeauit of 1 0 2.4 d/l3/leis`'' ✓, in -lieu payment. He aad he had thought a traffic signal was going to be needed at Maybell and El Camino, and he had chosen to have the developer pay for the traffic signal. The City would have had to pay for one eventually, whether or not the development went through. Taking a reduction in in -lieu payments meant that the City still had some money left. Councilman Sher asked who had made the judgment that it was better to have additional parking underground than in -lieu payments. The idec, he said, had originated with the developer --was he doing that in response to the neighbors' request? Mr. Knox replied that the developer was doing it in response to the neighbors, and he himself had made the judgment to reduce the in -lieu payment. He had contacted Mr. Placone and called the meeting and reviewed the changes at the meeting, the first of which had been to reduce the number of units from. 91 to 86. Councilman Sher said he had finished with his questions, and he addressed the Council on his concern about the procedure that had been followed between first and second reading. Although he liked the changes in reduced density and the height of the buildings, and limited access to El Canino, it concerned him that the meeting had been informal, called by the Planning Department, not strictly an officially called public meeting, which should have been called by the Planning Commission. While Mr. Knox had dealt with the questions raised, in his opinion this was the kind of work that had been entrusted to the Planning Commission, for it was an advisory body to the Council. Had his refezred motion passed, the Commission would have taken care of these otters. The questions concerning P -C zoning aggairs should have been returned to the Planning Commission. SUBSTITUTE MOTION: Councilman Sher moved, seconded by Comstock, that the Barron Square development be returned to the Planning Commission for review. Mayor Morton said he would oppose the motion. The staff as well as the Planning Commission was advisory to the Council. The plan had been improved by the actions taken. Cor rected See pg. 3, 7/18/ 77 Councilman Carey rsaid he had some concern about whether another first reading was required, along with referral back to the Planning Commission. He said he had made the distinction that a decision on whether or not the changes were substantial had to be made on the basis of their impact on the applicant, and neighborhood. In this case, Councilman Carey held, the changes had a positive impact on the neighborhood itt that they reduced density and architectural visibility. That to him meant no further referral for additional hearing need be made. Though there had been adverse impact on tilt applicant be had voluntarily agreed to the cbangea. Councilman Carey said he would oppose the motion. SUBSTITUTE NOTION FAILED: The notion to refer the Barren Square development back to the Planning Commission failed on the following vote: AYES: Comstock. Sher NOES: Berwald, Carey, Clay, Eyerly, Morton, Witherspoon ABSENT: Be ahrs AMENDMENT: Councilman Ser Bald moved, seconded by Comstock, that the developer and the Planning Department work together to plan a roadway of *bout 25 feet width with indentation* for parallel parking for from 21 to 24 earn. 1-0 2 5 1,1-;5 6/13/77 Mayor Norton asked Mr. Knox for his comments on the feasibility of indent parking. Mr. Knox said he could show some slides on that kind of parking in San Alma. The width of the street was 24 feet. A 23 -foot street as in South- gate presented problems, but could work. Councilman Sher asked if P -C zoning was conditional upon such words as "if feasible" and "if possible." Such words merely showed a desire tc work it out.yet there was authorization to build the project without the refinements mentioned. Those phrases were not binding. Mr. Knox said that the wotds "if possible" had been used because the project had to go to the Architictural Review Board (AR») for landscaping and so it was not known where, for example, the berms might be located. He said he would recommend that the motion say that the roadway be reduced to 24 feat and the parking pockets be 8 feet in width, those pocket locations to be established on the landscape plan. Councilman Berwald said he would incorporate that wording in his motion. Councilman Eyerly said he opposed the amendment. He thought more was lost than gained in narrowing the street so far as emergency vehicles were concerned. AMENDMENT PASSED. The amendment making the street 24 feet wide, with parking pocket locations for from 21 to 24 cars to be established on the landscape plan paned on the following vote: AYES: Berwald, Carey, Comstock, Norton, Witherspoon NOES: Sher, Clay, Eyerly ABSENT: Beahrs 'JTT1ON: Councilmen Sher moved that the narrowed street continue through to the street which opened onto El Camino. Councilman Sher said that he agreed with the neighbors that the opening onto El Camino would take the traffic pressure off of Maybell. The motion died for lack of a second. Councilman Comstock said he was going to vote against the main motion for be thought the density of the development was too great. Though it was argued that the project did not have to return to the Planning Commission because the changes were not "substantial," the neighbors were looking for "substantial" changes. Once built the project would be there for a good long while, and it should be made less intense. He favored giving the Planning Commission and the developer another chance to work together. Councilman Berwald said he supported the main :motion. He praised the compromises Mr. Knox and the developer had made. Though citizens had tried to intimidate Council with threats of referendum, and that was their right, politics was the art of compromise. The property did belong to another person, who also had rights, and the property was to be used to provide much -seeded housing. He said he was confident staff would continue its efforts to ameliorate the trai is problems, and the development would be an asset to the community. Councilman Carey said he was bothered by complaints about the density by Barrow Park residents for they bad asked that the property fronting en gal Camino not be commercial and be zoned multi -family instead. The 1 0 2 6 6/13/77 (6-'47 multi -family designation permitted 10 to 40 units per net acre, and to reduce density of the proposed development would reduce the proposed 11 units per acre to that which would be below multi -family designation, perhaps even as low as R-1. The proposed development conformed to the Comprehensive Plan both for use and density, the density being at the very low end of what would be allowable. He said that though he did not feel threatened by a referendum, those who were contemplating it should look et the new R-1 two-story houses and see that the very things they feared from multi -family could very well be true were the property zoned R-1 and two-story. He said he would support the main motion. Councilman Sher said that it had been said that the Barron Park residents wanted multi -family, yet most of the percel being discussed had been R-1 before Barron Park was annexed and it had been annexed as R-1. The change to a higher density had been made in the ccntext of the entire Comprehensive Plan, rather than the specificity of the one parcel. MAIN MOTION AS QED PASSED: The main motion as amended passed on the following vote: AYES: Be rvald, Carey, Clay, Eyerly, Norton, Witherspoon NOES: Comstock, Sher ABSENT: Beahrs Vice Mayor Clay said he thought it would be considerate of members of the audience to let thaw: know whether or not Council would get to their items of interest that evening, in view of the forthcoming budget discussion. MOTION: Councilwoman Witherspoon moved, seconded by Comstock that Council move the item concerning barber poles forward on ehe agenda. Councilman Sher said that the amount of mail Council had received in- dicated there would be quite a bit of discussion. Mayor Norton said only one speaker had indicated interest. He said he himself had told the media Council was going to handle the matter that evening. MOTION PASSED: The motion to bring the matter of barber poles forward on the agenda passed on a unanimous vote, Councilman eeahrs absent. $ 8B POLE SIGNS Alm? 7p COUNCUARCUltS gritaldLe CLAY .. WIT HERSPOO N AND NORTON Hal Leaser, 440 Ramona Street, expressed appreciation that Council was considering exempting barber poles from the ordinance governing other signs. MOTION: Councilwomen Witherspoon introduced the following ordinance and moved, seconded by Eyerly, its epprovul for first reading: ORDINANCE OF THE AIL OF THE CITY OF PALO ALTO ZINC SECTION 16.20.010 (15) OF THE PALO ALTO IWICIPAL CODE (SIGNS) TO EXCEPT AARSER POLES FROM THE DEF'ININITION OF "MOVING" SIGNS. (Continued from June 6, 1977) 1 0 2 7 6/13/77 MOTION PASSED: The motion passed on a unanimous vote, Councilman Beahrs absent. Nr. Hank Rosendin of Ride for Camp said he had a short presentation that Council might be able to act on before recess, perhaps referring the matter to the budget discussions. Councilwomen Witherspoon said she planned to make a motion during budget discussions which might accommodate Mr. Rosendin's and others concerns. Mayor Norton said Council would hear Mr. Rosendin's comments when the budget was before Council. Councilman Sher asked if there would be any problem in including the ITT matter in the budget discussions. The ITT natter came later on the agenda, and otherwise would probably be postponed. Assistant City Man sger Walker said that it wan not an action item. Mayor Norton said that Councilman Sher could put his request in the form of a motion and it could be further continued. Council recessed from 10:00 p.m. to 10:20 COUNCIL RATIFICATION OF PACCC AITOINTHENT Mayorr Norton said that i►x response to a letter from Lucille Gold of Palo Alto Child Care Center and Council's consideration of the matter he would make the following motion: MOTION: Mayor Norton moved, seconded by Clay, that Council approve the appointment of Miss Peggy Bruks to the PACCC Board of Directors. NOTION PASSED: The motion passed on a unanimous vote, Councilman Beahrs absent, Councilman Comstock not participating. CITY OF PALO ALTO BUDGET --1977-78 ri PUBLIC Fi .:3 : Mayor Morton said that it vas the time and place for a public hearing on the 1977-18 budget. If anyone had any cats relating to the budget as recommended by the Finance and Public Works Committee, or may changes they wished to speak to, this is the time to be heard, He declared the public hearing open. Before calling on members of the public he asked Councilman Seri/aid, chairman of the Finance and Public Works Committee to place the matter before Council. Councilmen Berwald said he wanted to pass along the Committee's recommendation for approval of the 1977-78 budget, as prevented earlier under a transmittal letter from .staff, along with amendments shown on EXhibit B. MOTION: Chairmen Berwald of the Finance and Public Works Committee moved that Council approve the 1977-78 budget as presented with amendments As shown on Exhibit B: A. An increase of $20,000 to $280,000 to reflect a more recent estimate of the Federal Revenues Sharing allotment; 1028 6/13/77 B. An increase of $225,150 in CETA revenues and expenditures to reflect program funding from .duly 1, 1977 through March 31, 1978; C. Tice addition of 2.6 person year. ($26,000) of temporary employee services and advertising services ($5,000) to support the water conservation program; D. Deletion of one Regular Control Account B position (reduction of $13,209) due to implementation of the lock box system for processing utility payments. E. The addition of one regular Meter Reader position (increase of $15,507) to assist in the water conservation program; F. Reclassification of the Meter Reader Supervisor to Lead Meter Reader (reduction of $698) to facilitate reorganization of duties; G. Addition of one regular Junior Engineer and one regular Engineer Technician III to staff for the increased work load of the Engineering Division (increase of $40,075); H. The 1977-78 budget reflect the anticipated increased activity in subdivision fees and services charges (increase of $2,600); I. Addition of one-half position of Management Aesietant to provide for support of the Community* Development Bloc: Grant program. (No additional funding is required as it is available in the Professional Services portion of this subprogram budget)' J. Addition of one Secretary B position to facilitate the production of Planing Commission minutes. (No increase in funding is required); K. Increasing the contract allocation far the Palo Alto Housing Corporation (increase of $2,415); L. Increase in revenues to reflect fee increases for various permits and licensee ($1,670), and that the 1977-78 budget reflect recent estimates of increased licensing activity ($3,830); M. Construction of the cold storage room (increase of $6,000) proposed by staff to conserve energy and reduce operating expenditures; H. Increase in revenue of $550 to reflect fee inr,rea.eea for the private use of the crematorium; O. Increase in revenues of $6,000 to reflect various fee changes for Spay and Neuter services which will be . eomftessurate with neighboring counties; P. Deletion of the positions of Training Officer and Addition of one Battalion Chief poeitioe (increase of $2,858); Q. Increase in the Palo Alto Community Child Care budget request of $7,696 to implement a new orgenizationel format for 1977-78; R. Increase in the Palo Alto Area Information end Referral Service budget request of $1,400 to improve services provided to £RXTF and Outreach; S. Funding of $16,000 for the Pair Sousing Task Force es the City's share to implement the program. City funding will be contingent upon contributions suf f ici.nt to make up the balance (;3:152:7) ; 1029 %I13/77 T. Increase in funding of $1,680 for temporary staff to monitor the voucher system on the use of PACCC and private facilities and to survey user income; U. Re -appropriation of $6,200 in revenuers and expenditures for the Arts Department to reflect the completion of a project funded through the National Endowment for the Arts; V. Increase in the maximum fee for non-musical productions ct the Community* Theater from $3.00 to $3.50. All other fee limitations will remain unchanged; W. Increase in temporary staff of $15,130 to correct fire and security hazards that exist on City -owned parcels of open space, primarily at Arastra-Foothills Park and the Palo Alto Duck Pond; X. Increase in revenue of $3,902 to reflect establishment of a fee for tennis court reservations; Y. Deletion of $81,630 in expenditures for the N.C.P.A. development fund; Z. Addition of .25 person years ($3,661) in temporary employee pare - engineering services for energy curtailment monitoring and $10,000 in technical services for energy auditing; Al. Reappropriation of 1976-77 funds for continuation of grid -mapping system ($33,100) delayed because Project Engineer was ;assigned to electric and gas cases; El. Reappropriation of 1976-77 funds for programming FFC rapt:rts, ($1,500) to tape budgeted in FY 1976-77, but delayed by FFC to 1977-78, but delayed by FPC to 1977-78; Reappropriation of 1976-77 funds for estimated increase in outside legal fees ($20,000); Cl. Reappropriation of 1976-77 funda for purchaee of transient recorder ($5,500) budgeted in FY 1976.77, but purchase was delayed until a aatiefactory model was manufactured.; D1. Reapproprietion of 1976-77 funds for the purchase of AC industrial analyzer ($2,100) needed for emery audits of commercial customers, from unused funds budgeted FY 1976-77 for eqUipment to aid the energy conserva- tion prograat. Purchase of equipment delayed until specific needs were known. Energy conservation program FY 1976-77 delayed by ester conservation program; El. Reappropriation of 1976-77 funds for the conetructi.ou and upgrading of Adobe Creek 21-25 underground feeders to serve new Water P.eclaa a ion District's pumps and other new customers in the area, budgeted in FY 1976-77, but delayed by County Water District ($50,500); P1. Addition of one regular Program Asrtietant position (increase of $15,690) to staff for conservation programs; Cl. R,eappropriatioa of 1976-77 funds for the purchase of materials: Maine for Stanford Shopping Center paid for by connection charges in 1976-77. Hydrants eyed cathodic protection far water tanks as listed in 1976-77 CIP delayed because of ccncentratioct on gas projects (total cost of $21,200); 1 0 3 0 6/13/77 / Rl. Reappropriation of 1976-77 funds for the purchase of materials: Mains for Stanford Shopping Center and Tract 5913 (Los Robles and El Camino) paid for by connection chargea in 1976-77 and cathodic protection anodes for various locations on gas diatribution system per Gas Standard 8H-9►65-E (total cost of $6,000) ; I1. Reappropriation of 1976-77 funds to purchase and integrate PG&E'e East Eayahore/Laura Lane gas system ($26,716); Jl. Reappropriation of 197677 funds for the purchase of materials for Santa Clara Valley Water Reclamation pilot plant. Expenditures will be reimbursed by the Santa Clara Valley Water District (total cost of $12,x);; Reappropriation of 1976-77 funds for the purchase of furniture to be used in the Santa Clara Valley Water District's Reclamation Plat ($1,000). Expenditures will be reimbursed by -the Santa Clara Valley Water District; Kl. An increase in landfill cover materials ($50,000) to meet daily cover requirements); Ll. Addition of one' regular Assistant Engineer (increase of $21,548) to facilitate design and closure of the landfill; Mi. An increase in professional services of $50,000 to provide for final design of operation and closure of the landfill; NI. Establishment of a project for Cogswell Plaza. Improvements ($20,000) as required for the devolopaen,t of a Senior Center at the Old Police/Fire Building; 01. Establishment of a project for Monroe Drive Improvements to be financed in total by an assessment district ($74,000); Pl. Increase the existing appropriation for the Willow Road Improvement Project by $18,000 to increase available funding for the purchaee of a three -acre open space parcel associated with the project; Ql. Establishment of a Capital Ixprovemmentfund project for the purchase of the ITT property with a first -year appropriation of $150,000; 11. Approval of allocation of Revenue Sharing funds for 1977-78 as f oilaz : Di arteunt/Subpro&ra Social i Community Service Admin. Senior Adult Services Amount $37,229 Library Technical Services Serial Purchases 46,636 Book Purchases 120,000 Police Ccmm+unity Services 75.936 Total $280,000 S1. Direct staff to request reimbursement for Animal Services charges that the County would pay if Palo Alto vere not offering Animal Services, and, further, to investigate consolidation of Animal Services with Worth County along the lines of commsmLcatioa3 and Fire Services. 1031 6{13/77 - T1. Water rate increases as recommended by staff in CMR:246:7 and CMR:304:7 on May 31, 1977. Revenues will increase by $615,000, expenses by $419,000, leaving an increase in net revenue of $196,000; RESOLUTION 5417 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SCHEDULES W-1 AND W-1-0 OF THE CITY OF PALO ALTO UTILITIES RATES AND CHARGES TO OFFSET INCREASED COST OF SAN FRANCISCO WATER AND EFFECT OF MANDATORY CURTAILMENT PROGRAM." RESOLUTION 5418 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING SCHEDULE W -1-B TO THE CITY OF PALO ALTO UTILITIES RATES AND CHARGES ESTABLISHING RATES FOR THE SALE OF RECLAIMED WATER." U1. Sewer rate increases as recommended by staff in CMR:303:7 on May 31, 1977. Revenues will increase by $94,000. RESOLUTION 5419 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SCHEDULES S-2 AND S--•2-0 OF THE CITY OF PALO ALTO UTILITIES RATES AND CHARGES TO OFFSET ADVERSE IMPACT ON REVENUE USED TO FINANCE SEWAGE COLLECTION AN1 TREATMENT OPERA' IONS . " ORDINANCE 2993 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADOPTING A BUDGET FOR FISCAL YEAR 1977-78 AND AUTHORIZING THE CLOSING OF THE BUDGET FOR FISCAL YEAR 1976-77." Mayor Norton said that agenda items 11A through 111)1, which consisted of the Committee's recommendations were before Council; Councilmembers could request that any item on which they wanted further discussion be removed, and the remaining items could be passed with a single motion. Council a bens with new items/ is could bring them up when the Committee's recommendations had been voted on. Hanle Rosendin, Box 6002, president of Kids to Camp, Incorporated, said the organisation was countywide and raised iunda to send economically disadvantaged kids to camp, for which purpose, over the past 10 years, they had raised "...over a million dollars." The Santa Clara County !board of Supervisors had said they would give the organisation two dollars for every dollar raised by the cities in the county. Kids to Camp was a.ekirng for about $2,000 from Palo Alto, which, with the county doubling matching funds, would come to about $6,000. That would send about 100 youngsters to camp. Abut 10 percent of the money, perhaps up to totals of $110,000, went for overheard. Richerd Klueek, Palo Alto Chamber of Commerce, said that the Chamber had for the past 8 years hod a spacial teak force undertake an objective analysis of the proposed municipal budgets and comment on the budget's strengths and weaknesses. fibers of the task force' expressed difficulty in measuring staff efficiency or programs benefits in relation to costs. Members thought an adequate explanation of issues should be provided so that informed judgments could be made,. and the present brief text did not provide a background for nakiag policy decisions. The Palo Alto Chamber of Commerce supports the fundamental theory that the annually set property tax rate should not exceed that factor which wend produce the nearly exact groats revenues required to fund the approved budget once the value of the current assessed property is known. The municipal property tam rate should not be conceived to generate say *across. in 6/13/77 �r�c� surplus revenues over expenditures beyond the amount provided for reserves is the approved budget for the same fiscal year. The Chamber strongly recommends the adoption of a municipal policy that any surplus revenues realized by the City at the conclusion of a fiscal year should be reported by the staff publicly to the City Council and the Council in turn should, make an explicit decision as to whether such funds should be transferred to the reserve account or used to reduce property taxes in the following year. The letter was signed by the president of the Palo Alto Chamber of Commerce. Mr. gluxek said that though the point about making an explicit decision as to whether surplus funds went to reduce property taxes or to a reserve fund might be standard procedure, but they felt it should be an "up front" announcement, PUBLIC HEARING CLOSED MOTION: Councilman Comstock moved, seconded by Norton, that the public hearing be closed. The motion passed on a unanimous vote, Councilman Eeahrs a.asent. Mayor Norton said the budget for the year 1977-78 was before Council, with items A through 01. $e asked if Councilmeabers had any items which they wanted removed for further discussion. Councilman Berwald, chairman of the Finance and Public Works Committee, expressed appreciation to Committee members Eyerly, Comstock and Eeahrs for their time and conscientious effort spent in reviewing the budget, along with all the staff members who had also participated. The guidelines for the budget had been approved in the fall of 1976. Councilman Ber-waid read those guidelines and objectives, and said that they had been -adhered to in drawing up the 1977-78 budget. He said the budget was for the staff to propose, and the Council to dispose: he expressed disappointment that more » abers of the public did not evince more interest in the budget hearings, of which there had been eight. He said he thought It would be good for the Council to lobby the State Legislature to advance the state lien date on taxes, for with the demise of the inventory tax the City did not boar what would be forthcoming from the State. Mayor Norton also expressed thanks to the many who had participated in the budget review. He wished Clayton Brown, Director of Budget and Staff services, and Councilmen Berwald, well, both of whom were leaving City Service, adding "...At least they w'on't have the budget 'to kick around any more'." Councilman Sher raised a question about It V concerning the City Theater charges:: An increase in the maximum fee for non-musical productions at the Community Tbeeatear from $3.00 to $3,50. All other fee limitations will remain aged. Re spoke of the finance deliberations on the matter, ceetering around the wish of the public who attended the meeting to have an artistic director and administrative person who was part of the City management. Those from the public had wanted an increase in fees so that they could hire their awn artistic director. Councilman Sher asked if that was the caaa, and that then nothing more would be needed frost the City. Councilmen S rweld said that the feeelini was that the increase would provides at least some of the funds --it could not he said that nothing more would be needed. Ciaytoe. Brown, Director of Budget and Staff Services. said that the feat would provide additional revenues. Negotiations between the City and the Community Players were still underway. The increase would cover possible losses on productions up to $5,000. That provision would not require a $3,000 appropriation, for it mould be called for only if there was a dramatic change in the att ca petters. 1033 7 77 Coencilman Sher said that he wanted some kind of guarantee that the Community Players would be happy and would not eek for any more City money. Was there some assurance that a further budget amendment would not be needed? Clayton Brown replied that there was some assurance. Councilman Sher spoke of Items Kl, Iii and Ml, all relating to the dump. Kl was an increase in landfill cover materials to $$50,000 to sweet daily cover requirements; LI was for a new position, an assistant engineer to facilitate design and eloeure of the landfill; M1 was for an increase in professional services of $50,000 to provide for final deesignyof operation and closure of the landfill. He said that the item appeared to have come up between the time of the proposed budget and the time of the Committee deliberations. He asked the background of the proposals. Mt. Sigel answered that they had been ire of the operational problems of Kl, and only the appropriate figure had been needed. The Regional Water Quality Control Board had indicated the materials had to be covered more frequently. Li had to do with a different service level, studies of the yacht harbor and the c1oaing of the dump area had disclosed that "quite an operation" was going to have to be used and a resident engineer would be essential to supervise placing fill at varying.depth3 and/or heights as well as contouring and filling. M3 had to do with the find design on the current refuse area --State law required that the facility be closed out in a specified way, for which a final design was needed. That would covtinue the work originally started by cooper and Clark. Councilman Sher asked if a new State law had been enacted. Mr. Sipel said that about nine months ago ataff had pointed out to Council that the refuse area would have to be finished off. Council had suggested that staff hold off pending other decisions. The yacht harbor issue had mode it clear that the matter of closing off the dump had to be settled. Mr. Sipel said that increased garbage fees would perhaps take care of finishing the refuse area. Present reserves might take care of the expenditures, yet rata increases would be needed. Councilman Sher asked if Council, in it's adoption of Ll and M1, committed itself to per and means of closing the dump, for the City had spoken for years about using the area for recreation. Mr. Sipel replied that there was some, but not a "whole lot" of policy leeway. The question at present was hem long at time the City had to comply with the requirements, and what the design features would be. The appropriation under 111 would spell out the requirements. legardleas of what policy the Council set he said be same the additional engineer position as essential, for it wee a Public Works problem. Approval of the items XI, L]. and M.l Mould not foreclose available options, der. Councilman Sher said that the requirements of the State for closing off refuse areas were new, and Council had not had en opportunity to talk about thaws in relation to Palo alto's ecologically sensitive area. Palo Alto could not, like Needles, or gskersfieid, put a cement comer over its garbage end "them leave it forever." At t . appropriate time he wanted to be able to review those requirements. Mark Harris, Assistant Engiener, Water, Gas & Sewer Department, said that those rearms were bind the used to hire an engineer who knew the regulations, so that person could concsaaetrste on Palo Alto's needs. Councilman Sher said that he vented to indicate that he meld not participate on Item Pl, raelstis* to Willow Rood Zwyrovemerst Project, since the item tied hoe with Stamford, lobo ems his employer. 1 0 3 4 6/13/77 /12.1.P1 Regarding Item Si., which directed staff to Bequest reimbeYsemant for Animal Services charges that the County would pay if Palo Alto were not offering Animal Services, Councilman Sher said that though he approved of that request he did not favor consolidating Animal Services with the County, for he thought Palo Alto had first claaa service. Clayton Brown answered that Palo Alto intended to maintain Animal Services at its present level, and that Palo Alto wanted to ask the County to help fund some services Palo Alto wanted to propose to the County and to have the County maintain them. Councilman Sher asked about Tl, relating to the water rate increases necessitated by the increase of the water from San Francisco. He read a chart showing a proposed rate schedule which had been submitted by one of the public at a Council discussion about water conservation. Re asked if Palo Alto had such an inverted rate structure as that outlined in the figures in the chart he had read, for he was reluctant to approve a plan that did not. The rate he approved meant that the more water used the higher the rate. Mark Harris said he had prepared a detailed chart, and rate blocks such as Councilman Sher approved had some builtin inadequacies. The rate structure he had charted was "tremendously inverted" and based on the philosophy of supplying water service and also the rechaniam for delivering the commodity of water. The rate schedule Councilman Sher favored eras a charge based on the combination of the two, whereas Palo Alto's rate schedule divided the cost: first, the fixed cost of the mechanism, and second, the cost of the water. Some utilities departments raised the cost of the connection charge to cover the cost of the mechanism. Councilman Eyerly praised the staff for holding the budget to only a 2 percent increase, i:_s spite of increased salaries and costs. He approved of the extra personnel for preparation to close the dump; he said that the contemplated extra employee in the Electric deparrment for someone to do long term planning would also be wise; he urged Councilmembers to support it when it came before then. When the $2 million reserve fund was established he said he thought it should be inviolate except for emergency, all expenditures to require the six votes needed for hu4get amendment. In the proposed budget it was under "General Fund, Contingency Reserve" and undesignated., and in the unappropriated balance of the Capital Improvement Fund. He asked for clarification. Clayton Brown said there was not a specific appropriation of the General Fund that required an eppropriation at this time. At present it was not possible to establish such a fund. The beginning fund balance would be about $1.6 million at about July 1. The level of the desired fund should be set at the time the talc rate was developed in August, when the results of this fiscal year were known. Councilman Comstock said that in his 14 years as Councilman be had noticed a correlation between the clarity and correctness of the budget and the amount of Council involvement, and he felt the amity benefited from that It strengthened public faith is the Ability of goverment to govern responsibly. Councilwomen Witherspoon said leis would not participate on item PI concerning Willow Road for Stanford University wan her employer. She asked what the total amount of the beset wee. Clayton Brown said that the figure shown of $29,600,000 was exclusive of the purchase of electricity and water, and with those commodities the total would be about $50 pillion. Changes on both sides of the lamer, lee. +held, would be abut $360.000, because of electric rate des. 1 35 x /77 Councilwoman Witherspoon asked for clarification on Bt: Reappropriation of 1976-77 funds for prcgramming FPC reports ($1,500) to tape budgeted in FY 1976-77, but delayed by FPC to 1977-78. Mr. Brown explained that it was a re -appropriation to provide program computing software services to prepare reports for the Federal Power Commission. It had been budgeted for the 1976-77 year but it had not been done and so it had to be continued. Mayor Norton repeated that Items A through U1, as recommended by the Finance and Public Works Commit.tee,be approved until Council voted on the ordinance. The motion passed on a unanimous vote, Councilmembers Sher and Witherspoon not participating or voting on item P1 (Willow Road, Councilman Beahrs absent. Councilman. Comstock noted that an page 6 under City Clerk's Budget -- Administration and General, a dollar amount was included for Palo Alto's aasesa ent for the new League of California Cities headquarters building. The lump same of $8,032.50, would all be paid in the first year. He alluded to C. Northcote Parkinson's observation that large institutions which built large complexes to house themselves were in that way giving the first indications of their eventual decline and fall. He was concerned that the League of California Cities might not continue to be "...lean and hungry" if it had a building, for "having to pay the rent" kept people on their toes. The League was basically a lobby in Sacramento for California cities, and he opposed this assessment, saying he would not want to support them in that way. MOTION: Councilman Comstock moved that the item providing $8,032.50 assessment for the purpose of building the League of California Cities headquarters building be deleted from the budget. The motion died for lack of e second. MOTION: Councilwoman Witherspoon moved, seconded by Norton, thatthe budget be emended to establish a fund of $3,000 for making contributions to community -based, tax --exempt organizations. She said that she hoped the matter could be referred to the Finance and Public Works Committee for confideratiou during July, for their review and recommendation. Mayor Dorton asked that Neighbors Abroad, the Sister City program be included by name in the motion. His had a discussion with some of the Neighbors Abroad group who had asked that Palo Alto contribute $1,000 to their organization to be used to retire their debt of some $6,000 for construction of a planeteriu* in Oaxaca. Though there were other places he would prefer the money to go, he had told Neighbors Abroad he would support their organization, which did much for Palo Alto in Oaxaca, Mexico, and Palo, in the Philippines. Councilwomen Witherspoon agreed, saying that it was helpful to have a dollar amount limit when people asked for contributions. Councilman Eyerly said be opposed the lotion for he said it made it very difficult to draw the line on rich grams would receive help. Lie preferred looking at each application individually at the Finance Committee level. Taxpayers paid taxed* for the general good, not for individual groups, which tiles public wild have to eup►port by individual donations. Councilman Beerwald said that if the motion, though :'noble," were passed, the door would be ogees for may, any requests. le named a few such organisations. As for Neighbors Abroad, the City bad given. then about $6,000 each year in services, but moofare it bad given theme no cash. 103.6 6/13/77 Government intrusion by giving to private agencies discourage private giving, it was thought by many. Comprehensive Education and Training Act (CETA) money was going to many of the private agencies, and he thought if that giving continued the voluntary spirit would dia!inieh. Councilman Comstock said he thought the motion assigned a dollar amount without assigning it to specific organizations. Before anyone got anything the Policy and Procedures Committee would deal with it, and they would work out criteria for organizations which ve.e already providing service of some kind or another. Though the City might give some agency a contract for $1,000 the City might spent $5,000 investigating:and working out that same contract. He thought the motion limited the screening process to the Committee level and he hoped the motion would poss. Councilman Sher said that the previous year Council had created an evaluation procedure for requests for funding and he felt that should be sustained, without the undercutting the motion on the floor might bring about. He felt all requests from the public should be submitted at budget time. e. Councilwoman an Witherspoon said she found it difficult to have no comparison when groups came in individually. No new agencies had applied that year, and she would like to try the process with that ill amount. She likened it to the City Manager`s fund of $5,000, "...which George never has any money left in, when we refer people to him." Vice Mayor Clay said that regardless of the "size of the pot" people would come to the Council when the funds were exhausted. He agreed with those who did not want to establish the fund. SUBSTITUTE MOTION: Councilman Eyerly moved, seconded by Berwald, that the matter of funding ;ids to Camp and Neighbors Abroad be referred to the Finance and Public Works Committee. Councilman Eyerly said he was against the idea of setting up a fund and he said the Finance and Public Works Committee would look into the merits of the two specific projects. SUBSTITUTE MOTION: The question arose as to whether Councilman Eyerly's motions was a motion, to refer or a substitute motion. Mayor Norton ruled Oast it was not a motion to refer nor was it a proper substitute motion. Councilmen Eyerly concurred with the ruling. He said he would make a motion after a votes bad been taken on the motion before the Council. Councilman Carey said that the amount of discussion was disproportionate to the amount involved. He said be did not want to make the budget so rigid it would not adapt to a small "slush" fund. Vice Mayor Clay said he would like to support Neighbors Abroad, rather than the suggested fund. MOTION FAILED: The motion to have the Finance and Public Works Committee consider the establishment of a fund for donations to community —based groups failed on the following vote: ATES: Carey, Comstock, Norton, Witherspoon NOES: Barmaid, Clay, Eyerly, Sher ASSENT: Beahre 1037 6/13/77 MOTION: Mayor Norton moved, seconded by Berwald, that $1,000 be added to the budget for the next fiscal year for Neighbors Abroad, and that Neighbors Abroad maker. presentation to the Finance and Public Works Committee in justification of that appropriation. Councilman Sher enggested that the matter be referred to the Finance Committee, and that if the budgeting time had passed and Neighbors Abroad had a financial emergency there would be no problem getting six votes. He did not think it wise to budget the item and then require the recipient to justify it after the fact. MOTION PASSED: The motion carried on the following vote: AYES: Berwald, Carey, Clay, Comstock, Norton, Witherspoon NOES: Eyerly, Sher ABSENT: Beahrs MOTION: Councilman Comstock moved that the smatter of $2,000 be put in the budget and referred to the Finance Committee for further approval. The motion failed for lack of a second. MOTION: Councilmen Berwald moved, seconded by Eyerly, that the request for funds for Kids to Camp be referred to the Finance and Public Works Committee. Mayor Norton assured that Councilman Berwald'a motion was not a move to amend the budget. MOTION PASSED: The mottcn referring the request for Kids to Camp to Finance and Public Works Committee passed on the following vote: AYES: Berwald, Carey, Clay, Comstock, Eyerly, Norton, Witherspoon NOES: Sher ABSENT: Mayor Norton stated that the Chairman Bervald's motion to approve the the 1977-78 budget as preaented with amendments and items as shown on Exhibit B as follows: MOTION PASSED: The motion tc approve the 1977.778 budget as presented with amendments and items A - U1 as shown on Exhibit IS, passed on a unanimous vote, Councilman Shear and Councilwoman Witherspoon not participating on Item P1; Councilmen seahra absent. Councilman Comstock moved, seconded by Carey, that the Council adjourn. Councilman 8ervald noted that the aratter regarding Golf Course and Club House improvements should have Council's attention before inflation raised the costs. MOT I Oil FAILED: The motion to adjourn failed on the following vote: AYES: Sher, Carey, Comstock NODS: 8eirvald, Clay, Eyerly, Norton, Witherspoon ABSENT: 8ermeld 1038 6/13/77 MOTION: Councilman Berwald moved, seconded by Eyerly, that the Metter regarding the Golf Course be brought forward on the agenda. MOTION PASSED: The motion passed on the following vote: AYES: Berwald, Carey, Clay, Eyerly, Norton, Witherspoon NOES: Sher ABSENT: Comstock, Beahrs GOLF COURSE AND CLUB ROUSE; FINANCE AND PUBLIC WORKS COMMITTEE RECOMMENDATIONS MOTION: Councilman Berwald, on behalf of the Finance and Public Works Committee, moved the following recommendations and asked that they be adopted by Council regarding the Golf Course and Club House as a utter of policy: 1) Make a finding of no significant environmental impact for this project; 2) Direct staff to go forward with the golf course and club house im- provement project as detailed in Alternate B of the 1975 Golf Course Report, that is, renovation of the golf course and construction of a new club house and pro shop; 3) Recognize that mere than the net revenues from the golf course will have to be committed to the project; 4) Adopt a long-term (20 year) financing plan for the whole project as opposed to a Capital Improvement Project; 5) Adopt Park Improvement ent Ordinance d New Club House ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING AND ADOPTING A PLAN FOR THE CONSTRUCTION OF A CLUB DOUSE AT THE MUNICIPAL GOLF COURSE (AKA PALO %LTO MUNICIPAL GOLF COURSE) (first reading) 6) Authorize staff to proceed with procurement of 65,000 cubic yards of aril; 7) Adopt a budget ordinance amending the golf course CIP account by $200,000 for soil procurement; ORDINANCE 2994 entitled "ORDINANCE OF THE COUNCIL OF TRZ CITY OF PALO ALTO SING THE BUDGET FOR FISCAL TEAR 1976-77 TO INCREASE TEE APPROPRIATION POR PROJECT 76-34, GOLYCOURSE INPROMIENTS, TO PROCURE 65,000 CUBIC YARDS OF SOIL ENABLING A REDUCED UNIT COST." 8) Retain in Committee for further consideration and approval the specific details of the financing plan and the particular cost elements of the club house construction. Councilmen Berwald said all the details of the above recommendations had received exhaustive attention. There vale some consensus with the architects that it would be beau to go into a nom -profit corporation financing agreement; emphasis vas to go on the golf course, and it arcs considered most economical to build a new clubhouse that was -to be I'.039 6/13/77 functional in character, with a coffee shop rather than a dining toot. It had been decided to fund solar and wind systema out of the general fund. Though the staff did not agree, he said he believed revenues would go up and eventually fund the payments. Councilwoman Witherspoon asked if staff knew of any bargains in dirt which had to be purchased. Ken Schreiber said that the large amount of landfill was being purchased so that the price would be Inver. Even with "free" dirt there was often a haul charge, and so staff was bargain hunting. Councilman Sher voiced doubts about going forward because of the sub- stantial change on the basis of financing for the golf course. From the beginning it had been assumed that it would be financed with revenue bonds, with no call on the General Fund. Now bond people had told them that it was "very unusual" to finance golf courses with revenue bonds. "I'd have thought the people who had been on the Committee last year would have fainted when they heard the news," for it had never been expected to have to pay for the golf course out of general funds. He referred to statements from the minutes of that meeting, giving the base of his position. Citizen golfers had said they wanted the work on the course to be done first but they did not want to see golf course fees used for improvements. Councilman Sher said he did not think it was a reelistic choice to use golf course fees to underwrite the improveme=nts. He read point 3: Recognize that more than the net revenues from the golf course will have to be committed to the project; and Councilman Sher asked "How much more and for how long a period of time?" We added that while he wanted to go forward with golf course improvements he did not want to vote for this project at the late hour and with no golfing members of the public present to voice their opinions. Councilman Eyerly Bair he had learned in the last two years that delay played into inflation. Also, it had been learned that pilings had to be driven for the clubhouse, rather than just slab construction. Senior golfers had changed their position about method of payment --the costs were about $500,0 for golf course improvements bringing it to a level of serviceability, with a somewhat larger amount for the clubhouse. Over the past ten years the golf course had provided over $1 million for the General Pond. That made him think tbat those improvements could be paid for in that fashions. Councilman Serwald said he understood Councilman Sher's misgivings; he thought the word "essay" in point 3) would make the point more palatable so f*r as money commitment was concerned. Be said he thought the amount of play would increase substantially when the course and club house were improved. That night's vote mould merely retain in committee the specific deatils of the financing of tho club house construction. If they delayed the costa would rise. Councilmen Sher asked if the notion could be separated into parts. Ken Schreiber, Assistant Planning Director, said that net revenue at the course was about $110,000 per year; with a mom -profit courporation the annual debt service would be about $125,000 to $130,000 per year. The $110,0®® projection, was made by ,Bartle -dells, who were considered extremely conservative. Their projection bad been based on 80,000 rounds per year, and there bad been 102,000 hest year, and they anticipated 85,000 this coming year. Another factor in their projection had been concession revenues; it was expected that with the new facility there could_ be an increase in concession rates. The present snack bar and lounge concessionaire had been successful in obtaining a liquor lice which might bring it significant increase. 0o the whole it eras expected that the revenue would attain or exceed the level of service costs. > , goods could not be sold on those projections, however. . 1040 6/13/77 Cauncilean Sher said that Mr. Schreiber spoke to a financial problem, which was that when money was needed, operations were approved which might not otherwise be approved: the liquor and perhaps even a. restaurant would geaerat` more revenues, but they also raised other isauee. There would be costs other than maintenance.... Mr. Schreiber said his projected figures were net, and would be what money vas left after maintenance was paid. The high maintenance cost of the old club house structure was one of the reasons for constructing the new building. The gross revenue for the past year had been about $300,000, with maintenance running $183,000. Councilman Sher said he would like to have points 6 and 7 separated, for they related to the golf course. The other points related to the club house. Mayor Norton said that he would separate the motion and the first vote would be on points 1) through 5). 'ION PASSED: The motion passed on the following vote: AYES: Berwald, Carey, Clay, Eyer1y, Norton, Witherspoon NOES: Sher ABSENT: Beaters, Comstock Mayor Norton said that Council would then vote on points 6), 7) and 8). . MOTION PASSED: The motion that Council adopt the recommendations regarding the soil procurement and amending the budget to pay for that soil passed on a enanimous vote, Councilmembers Comstock and Beaters absent. Mayor Norton asked staff if Council should act on Item 13 concerning approval of golf course site and design. Ken Schreiber said that though it could gait it went along with action of other golf course matters. MOTION: Mayor Norton moved, seconded by Witherspoon, that Item 13 be brought forward on the agenda. The motion passed on a unauimoua vote, Cosmcilmembere Beahrs and Comstock absent. FALO ALTO GOLF COME AND CIS 3 3SE: �ENI?S i '7�'V'Atz rnm+rr+o..rr.w mrr..d . rx.aw.r.orar��s.r�urr� OF SITE AM DESIGN CaliTEOL MOTION: Mayor Norton moved, seconded by Witherspoon, that Council approve the Planning Commission recommendation by a vote of 4 in favor, 1 opposed, (two absent) of the application of the City of Palo Alto for Site and Design Control District review of the proposed golf course club house. (Continued from June 6, 1977). Councilman Sher confirmed that the motion related to the club house only; he asked what decision had been made about location of the driving range. Ken Schreiber said there had been no controversy on tha site and design plans at either Planning Commission or Architectural Review Board level. The matter of time fence for the driving range was a separate site and design review to be taken up by the Planning erasion at their next meeting; if approved it mould go to the AARtbe following day. A1,10 41 6/13/77 MOTION PASSED: The motion that Council approve the Planning Commission recommendations on the golf course club house passed on a unanimous vote, Councilaembera Beahrs and Comstock absent. CONTINUANCE OF AGENDA MOTION: Councilman Berwaid moved, seconded by Carey, that Council continue the balanne of the items on the agenda to the next Council meeting, which mould place remaining items under Unfinished Business. xess. The motion passed on a unanimous vote, Councilmembers Beahrs and Comstock absent. ADJOURNMENT v MOTION: Mayor Norton moved, seconded by Bervald, that Council adjourn. The motion passed on a unanimous vote, Councilmetabers Beahrs and Comstock absent. ATTEST: City `C_erk /! APPROVE: Mayor 1042 6/13/77