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HomeMy WebLinkAbout06261972MINUTES city of palo alto June 26, 1972 The Council of the City of Palo Alto met on this date at 7:35 p.m. in a regular meeting with Mayor Comstock presiding. Present: Berwald (arrived 7:44 p.m.), Clark, Comstock, Henderson, Norton (eirr.ved 11:30 p.m.), Pearson, Rosenbaum, Seman Absent: None C`ann^_ellation of Re ular Mew et ja dlmaw MOTION: Mayor Comstock ;roved, seconded by Pearson, to cancel the regu- lar meting of July 3, 1972. The [motion carried unanimously on a voice vote. Sister Cities - Palo Leyte P.I. and Oaxaca Mexico Mayo- Comstock announced that it had been his great pleasure, together with Councilman Clark, to meet a distinguished visitor, Mr.- Juan Tismo, from Palo, Leyte. Mr. Tismo is a past president of the Giants Club is Palo and was en route to a conference in the East. Mayor Comstock dis- played a plaqu=e which Mr. Tismo had brought with him from the Palo Muni- cipal Council; read the message of goodwill inside and noted the names of the Council on the back. Also presented was a tape cassette con- taining messages from the Palo Municipal Council and members of the Giants Club. Mayor Comstock announced that Wednesday, June 28th, the Mayor and 3 others from: the City of Oaxaca, Mexico will be arriving in Palo Alto for a 4 -day stay. There will be a ecmmunity reception at the Palo Alto Cultural Center Friday evening, June 30th, and Mayor Comstock invited the public to attend and meet the Mayor of Palo Alto's Sister City 1 Mexico. Councilman Seman, Council representative to Neighbors -Abroad, stated they will meet the Mayor fzom Oaxaca at the airport on Wednesday and outlined the -program during his stay. She noted that on Thursday, June 29th, the Oaxaca Delegation will re'-eive punts from Foothill, College for an observatory which will be built in Oaxaca. Minutes of Jv.ne 12 1972 Mayor Comstock noted a memo dated 6/26/72 from the City Clerk regarding a correction to be made at the bottom of page 157. MOTION: Councilman Pearson moved, seconded by Henderson, that the minutes of June 12, 1972 be corrected, bottom of page 157, in accor- dante with the City Clerk's memo, deleting the AMENDMENT and inserting - the following: 1 7 5 6/26/72 "MOTION: Councilman Pearson introduced the following resolution and moved, seconded by Henderson, itt: adoption with the following amendment to add a new Section 3 ane the present Section 3 become Section 4. _ ,e ney', Section 3 to read: 'The Council of the City of Palo Alto does hereby endorse HR 8828 and SE 831 and urges enact- ment of these or similar gun control -legislation at least as strong as the aforementioned bills.' • . Resolution No, 4609 entitled 'Resolution of the Council of the City of Palo Alto C-ging Congress to Enac' Stringent Gun Control Legislation Pending in the Senate and -House of Representatives" The motion to correct the minutes as recorded above carried unanimously or. a voice vote. Councilman Semen requested that the following section be added on page 149, third line from the bottom, after the words "Councilman Semen eaid that..." add '=a mix of single family and multiple units, im9rove ' traffic circulation, and a large' percentage of federally subsidized units are positive guideline suggestions and that..." MOTION: Mayor Comstock moved, seconded by Henderson, that the minutes of June 12, 1972 be amended to include the added section requested by Counck man Seman. i1:e n:otion carried unanimously on a voice vote. The .minutes of June 12, 1972 were approved unanimously as amended. Public He_arir - 1972-73 Annual } ud ct Mayor Comstock noted that the Council is in receipt of information from three sources with respect to the proposed budget: the Prelimi- nary Budget and reports from the City Manager's Office; Finance and Public Works Committee minutes and report regarding their deliberations on the budget; and a report from the Planning Commission. He stated t.tiie Council would first hear these reports and then call upon the pub- lic to speak. He` noted that Vice Mayor Norton, Chairman of the Finance and Public Works Core;, tree, was unable to :se present at this time and had regnesced Councilman Henderson to speak on behalf of the committee. Councilman Henderson reported that the Finance and Public Works Com- mittee h,,d met six tines to work on the final Budget and five tines,. beginning January 11, to dibcuss the preliminary GIP. He briefly re- viewed. these meetings, noting that this near much emphasis •was placed on questions and comments concerning the format and figures in an ctterrpt to understand the components of program budgeting. The out- ro ,1, of this, restated, was the Committee consensus there is a need for review by Council or Committee and staff leading to revision of budget format and presentation so that Council meahers and members of the public can underseand and make j►udgrrsencs about the need, quality, cost and results of individual programs., He noted the Committee's - rec_otntendation fkr approval of the 1972-73 Budget as described in their letter of 6/15/72 and the additions covered in the City Manager's letter of 6/22/72. On behalf of the Committee he acknowledged receipt of a memo dated 6/8/72 from Councilman Henderson and a report from the Chamber of Commerce dated 6/23/72. • On behalf of the CoOlttee he ex- pressed thanks to the staff for the ttcrye and effort and response to 1 7 6 6/26/72 questions and issues through a .umber of reports and appreciation to the Chamber of Commerce, League of Women Voters, Downtown Pale. Altc, Inc. and members of the public who participated in the Committee budge hearings. Mrs. Mary Gordon, Chairman of the Planning Commission, reported that the Planning Commission has reviewed the nroposed 1972-77 CIP in accor- dance with PAMC Section 19.04.040 and finds it in substantial conform- ance with the General Plan. She read Agenda Item No. 6, noting that (a), (h) and (d) had been adopted by the Finance and Public Works Com- mittee. Item 6(c), discussion of this item is covered in the Commission minutes of 6/14/72 and she noted that the Commission spoke primarily to the need for planning end engineering for the Embarcadero Road underpass to precede any actual widening plans. The Commission also asks that a delegate from the Planning Commission be invited to attend the Finance and Public Works Committee budget meetings in future years. Mayor Com- stock advised Mrs. Gordon to consider herself or whomever the Commission delegated as being invited to attend future Finance and Public Works Committee budget greetings. City Manager Sipel briefl.y reviewed the staff report dated 6/22/72 (Qtr:336:2) which relates to items that took place or arose subsequent to the last Committee hearing: 1) covers the Planning Commission re- view of the Capital. fe,provement Program; 2) provides for the demonstra- tion grant at the Water Quality Control Plant; 3) is a contingent fund provision for 1972-73 salary and benefit increases; 4) is in regard to the bicycle routes and trails system; 5) relates to the Animal Shelter and purchaseof a new incinerator which would meet all pollution control regulations; and 6) relates to the change in the Public Transit Program ea a result of the election to establish a County -wide system. He noted that each of these items is somewhat new although Council has had previous information. These items have been included in Exhibit B of the ordinance before Council as well as all of the Finance and Public Works Committee recommendations and all but one of the Planning Com- mission recommendations. Mayor Comstock announced that this is the time and place set for thi public hearing on the budget for the fiscal. year 1972-73. He asked.; that the record show the City Clerk has on file the affidavit of publi- cation of notice of this hearing. H4 declared the hearing open and gave a brief background of this year's budget. He asked if any resi- dent of the City of Palo Alto wished to speak on the budget Francis Small, Jr., 525 University Avenue, speaking al Chairman of the Chamber of Commerce Task Force to Review the Municipal Budget, noted that Council was in receipt of their report dated 6/23/72. He stated that t::ey wish to encourage the City staff to create documentation that permits the Finance and Public Works Committee and the City Council to view its fiscal activities on a program basis so that everyone in the cemmuni ty can understand what was spent is the past, what is being spent in the current year and what is propoeed to be spent in a subsequent year. He concluded by stating that the Chamber's Task Force would be pleased to be invited to make whatever contribution they could toward a more meaningful program budget document. Mayor Comstock expressed appreciation on behalf of the Council to :fit. Small and his Task Force for their report. Gloria Brown, 176-'.► Fulton Street, referred to Item 1.h. TOPICS, and_ suggestedthat the money be spent on the Kingsley intersection and to forget about the Seale Street closing. 1 7 7 6/26/72 Crystal Garage, 1568 Channing avenue, speaking for Downtown Palo Alto, Inc., referred to the $175,000 carry-over for Downtown Beautification and stated this group seriously interested in receiving the reports which will be soon foeehr:oming from staff. She asked when the suggested schedule of surveys and concepts which were approved wi],l be ready so their group can look at them. She added that the recommendations made by staff chat the Downtown property owners show their intention in good faith to duke some impronements have not been taken lightly. The downtown mertl arts have gone ahead with a program and will speak to it as soon as the Council committees are ready to hear from them. Don Reese, 260 Sheridan Avenue, representing the Seni. r Coordinating Council, referred to the financing far the Senior Citizens' staff posi- tion. The Sr. Coordinating Council feels that this position is of the. utmost importance to the ::hole community and they are asking and urging the Council to include funds in the budget for a Coordinator on a full- time basis. They ask that the position be budgeted at this time with implementation to a full-time position in accordance with the City ' anaget's reorganization and request chat this be as soon as po:ssi'ol. . No one else wishing to speak, Mayor Comstock declared the public hear- ing closed. VO IO : Cou 1c'f lr-an Henderson introduced the following ordinance and owed, on behalf of the Fin,rince and Public Works Committee, its adop- tion with the a°-endments set forth in Exhibit B: Ordinance No. 2659 entitled "Ordinance of the Council of the City of Palo Alto Adopting a Budget for fiscal Year 1972-73" Mayor Co :stock noted that the amendments set forth in Exhibit B include all the Committee ttee asaendments as described on the Agenda and the Planning Commission recommendations, exeept for Item No, 6(c). In answer to :Mayor Co tock'S request fox response to the question about the TOPICS Program, Item :(h), Councilman Henderson explained that this program has been changed to delete the Miranda intersection portion and is still a federally funded program. The appropriation has been reduced to $112,000 which includes Kingsley -Melville -Seale intersections on Embarcadero. Mr. Sipel explained that under a TOPICS designation. 71is of a certain total amount is refundable from the federal government. In this case the allo°role charges are lees than $112,000 so the resulting federa`, money is $57,000 and the money the City would be seeking is money accrued to the City in 1970-71. If approved, this project would be the City's submittal for 1970-71 and if not approved the City would likely lose the funds for 1970-71. Mayor Comstock announced they would hear comments from Council vem- bers prior to of - additional amendments or changes. Councilman Beahrs referred to the $200,000 approved earlier by the. Council for a`Drug Abuse treatment program in Palo Alto. He stated that he supports this program but wished to drag the Council's atten- tion to the efforts of some people to Fuse" this generous program which is provided at the expense of the Palo Alto taxpayer. He refer- red to a paper, distributed at a Venceremos concert held on June 17th e by a group sponsored by the Venceremos and called the Palo Alto Drug Collective. He read portions which set forth their strategy to force the government to give them funds and stating they had won $200,000 from the Palo Alto City for "our" center. He expressed his objections to this specious, misleading propaganda and stated he hoped this Council 1 78 6/26/72 and those associated with this program will be constantly on guaid because the ccsrmaunity support is generally required if this type of effort is to be sustained. The City has generous intentions but when propaganda of this character is widely distributed he said he couldn't see the City giving support much longer to activities of this character. Councilman Rosenbaum referred to Exhibit 8 of the ordinance, page 4, the sales tax transfer to the Capital Improvement Fund. He noted that in the preliminary budget the transfer was $1.1 million which is now reduced to $667,000. He commented that the City has been attempting to transfer 50% of sales tax to the General Fund and this amount is only 30% and he asked the reason for a change of this magnitude. Mr. Sipel replied that this is probably the third year the City was done something of t'tis type and the change results from the need to make provision for salaries and fringe benefit increases that are the sub- ject of negotiations at this time. He noted that at the end of the year substantially more than 50% of sales tax was transferred to the CI? as a result of receipt of revenues in excess of the fends esti- mated and added that at this point he would not consider this a radi- cal departure from policy, He said it is his belief there will be funds that could bring the City up close to the 50% mark but pointed out that unless the City is able to receive r)re revenues from some other source, additional revenues found, or expenditures reduced in some of the categories, they will fall short of the :,0X trap-`er. Councilman, Pearson referred to the housing inspection programs shorn under both the Building Inspection PeparL.c nt and the Fire Department. She asked the difference between the two programs and why they were not lumped together. Mr. Sipel replied that the housing inspection program under the Building Department covers the costs being spent in the activity that is currently under way with respect to horsing in- spection. The program in the Fire Prevention budget is not currently underway but is one foreseen as a possibility in 1972-73, using Fire Deparutent people if the City gets into a more aggressive housing in- spection program. The ultimate objective is to get all inspection- units under one department. He noted that the Fire Prevention pro- gram contains a number of activities beyond housing inspection itself. Councilman Pearson replied that If Palo Alto is going to have a housing inspection program it would be her hope it would cc_;me - f roes perhaps the -Housing Committee's recommendation, taking into account the feelings and attitude of.the people. She e pressed her concern regarding the fact that some of the houses are truly deteriorating and in order to bring them up to code it will cost a great deal of money which could force -some people out of their homes. Councilman Pearson referred to the amount of $142,000 in the CIP for municipal bus puLc;zase and asked if the City is setting aside the money for both the actual purchase of buses and the subsidy to Peninaula Transit; will the City be reimbursed; and will the City, under the Transit District, have any control over the buses on City streets with respect to noise, etc. Hr. Sipel replied that it is not known at this time when the Transit District will take over although it is being forged and will be a legal entity in July. Staff is suggesting enough money be kept for the subsidy for a six month period which is the length of the contract with Peninsula Tranait Lines. It $ also _sug- gest=ed that because of the uncertainty at this time of the demonstra- tion grant application and the application for purchase of capital equipment, the City ought to leave the bus purchase money in the budget also. It is hoped the City will be reimbursed for the operating ex- penses spent during the first si:.. months of this year. He stated that 1 7 9 6/26/72 through the City's delegate on the Transit Commission, the City will have an opportunity to discuss with the Transit District the standards of bus transportation such as the type of vehicle and noise. In response to questions from Councilman Berwald, Councilman Henderson advised that the Housing Land Bank funds have been expended and it was Committee consensus to retain the $500,000 level of commitment since recovery of, funds is still approximately two years away. Regarding the Downtown Beautification, Mr. Henderson replied that the $175,000 is appropriated and will he held pending a report from staff. There is no specific commitment of electric utility funds for the street lighting at this time. Regarding the amount in the contingency fund, Mr. Mitchell advised there is $55,000 at the presei{t time. Councilman Berwaid referred to the memorandum suboitted by Councilmen Beahrs written by the Venceremos Dreg Collective group. He commented that the Council is sufficiently knowledgeable to realize that the funds appropriated for the Drug Center uere well appropriated and addend that -if the general public gets the idea that this money was appropri- ated for this Drug Collective group, the program could suffer. He stated he hoped this would not affect approval of this item in the bud- get and suggested Councilman Beahrs ask Council to have the City Attor- ney look into this matter and if there is public misrepresentation it should be followed up and stopped immediately. Councilman Seman referred to page 31 of the budget which states th.it emphasis will be placed or an affirmative action program, noting that the Human Relations Commission had reported on such a program. She suggested periodic reports he made to HRC, with the Commission then making recommendations to Council. Mr. Sipel replied that staff is very interested in this program and will be working closely with the Human Relations Commission to develop it. May Comstock announced that this would conclude questions on the ore, _n:nce before Council. MOTION: Mayor Comstock moved, seconded by Sexwald, to bring up out of order for consideration at this time Agenda item -6(c) - The Plan- ning Commission's recommendation that Planning and Engineering for the Embarcadero Road Underpass Improvement be dome in 1972-71. The motion carried unanimously on a voice vote. A1.1ENDMENT: Councilman Henderson moved, seconded by Berwald, to amend the 1972-73 Budget in accordance with the Planning Commission's recom- mendation and add $30,000 to the Capital Improvement Program for plan- ning and engineering for the Embarcadero Road Underpass Improvement to be done in 1972--73, Councilman Pearson spoke against the amendment, noting that planning fcr the Embarcadero/E1 Camino.interaection is not in the budget and therefore planning for the underpass should be held in abeyance. She commented that widening Etmbarcadero from Alma to El Camino just adds more lanes to the intersection without improving traffic; all the land would be taken from the Pale Alto School District side, none from the Town b Country side, and mature trees would be taken out. She referred to the latest information on the Dumbarton Bridge and the proposals for two off -ramps, one at Embarcadero Road and another at Marsh Road, and ccncluded that with the need for a new cross -Peninsula expressway, Palo Alto should hold in abeyance any iardprovements to Embarcadero. 1 8 0 6/2072 Councilman Beahrs stated he was in agreement with Councilman Pearson and added that this town cannot afford the traffic congestion it cur- rently suffers to encourage in any sense the facilitation of trans- ferring traffic. He commented that until some of the neighboring com- munities absorb a more; acceptable proportion of the region's traffic, he could see no reason for Palo Alto to support more traffic than the City can take. Councilman Henderson noted that the Finance and Public Works Committee had discussed both the Erbarcadero widening and the underpass but did not fee, this was a dangerous traffic situation requiring immediate action. The amendment failed on a unanimous voice vote. AMENDMENT: Councilman Henderson moved, seconded by Pearson, that the 1972-73 Annual Budget be amended under Senior Adult Services Program (p. 141) to add $4,133 to the 1972-73 approp ;.ation to provide for a full-time coordinator. Councilman Henderson commented that there are two groups of people in Palo Alto who have not -received proper attention through the years, the youth and the senior citizens. He stated that establishment of the Senior Adult Services coordinator position has been a significant step in providing services to senior citizens and he urged support of the amendment. He added that it is the prerogative of the City Manager when to fill this position and by whom. Councilman Seman quoted from the City Manager's remarks at a Finan e and Public Works Committee meeting in discussing the budget generally, ...those things that have to he ;_ot,ked at are the objectives of the Council, establishing priorities and looking at what the dollar will buy...". She stated that it seemed to her this small expead.iture is delivering an enormous amount of service to the community and including funds in the budget for a full time position would demonstrate clearly the Council's concern for senior citizens in the community. Councilman Clark reviewed the establishment of this position and said the original theory of the City was to providea facility where repre- sentatives and volunteers would assist the senior citizens. He ex- pressed the opinion that the City should move slowly in the direction of social services that are perhaps provided by other agencies. He referred to the Committee minutes and the City Manager's report which indicate a major look is to be taken at Community Services. He stated that at this particular time the program is not there to justify a full time person and when that need :is appropriate a request can be made, Councilman Beahrs agreed with Councilman Clark and stated that if and when the program becomes successful there will be no difficulty get- ting the vote of this Council for a full time position. Councilmen Pearson spoke in favor of the amendment and the need to budget it now so that in the future it will not be necessary to come back and amend the budget. Putting it in the budget now says that the Council feels the program represents a social function"that necds to be met and may eventually require a full time person, she said. In response to Mayer Comstock, Mr. Sipel commented that his recommen- dation regarding this position speaks for itself. He noted that whenever 1 8 1 6/26172 a certain number of hours or people are added to a program it should be stated quite specifically what the City will be getting and staff tries to do this in suggesting new positions for the Council. Staff has looked very carefully at this program and if it were made full time there would be an increase in terms of information disseminated, referrals and counseling from ten hours a week to sixteen hours a week. Also, if a 40 -hour allocation is made more time would be devoted to stimulating development of programs and services, particularly a more coordinated efort to provide library services to the elderly and shut-ins. The role of the senior coordinator would be to set this up with the service actually delivered by the library department. These would be the major changes staff contemplates if the position is made full time. Councilman Beahrs spoke in support of Councilman Clark and commented it was his feeling that when government takes too much interest in activities of this character you find the community at large losing interest in involvement in community problems which should really have community support and attention. He added that when the need is clearly demonstrated he would support an increase in the budget for this pro- gram. Mayor Comstock referred to a reception he had attended at the Downtown Center 'with a large number of elderly persons present. He said several senior citizens had made a point of expressing their appreciation of the efforts the City had made in establishing the services program and how it gave them the feeling that the City really cared about them. The amendment carried on the following roll call vote. Ayes: Comstoct., Henderson, Pearson, Rosenbaum, Seman Noes: Beahrs, Berwald, Clark AMENDMENT: Councilman Henderson moved, seconded by Pearson, to amend the 1972-73 Annual Budget by modifying the TOPICS program, Item 1(h), to eliminate the Seale closure. The amendment failed on a majority voice vote. Th ordinance as amended was adopted on a unanimous voice vote. Mayor Comstock referred to the Finance and Public forks Comrri ttee report in which there were listed some observations. }e asked Council- man Henderson to comment. Councilman Henderson referred to his memo dated 6/8/72 regarding the budget and stated that in his :desire to see a complete review of the format and presentation of the annual budget he would. like to read a portion of his memo. He read the 2nd, 3rd, and 4th paragraphs en pages 1 and 2 and the first.three paragraphs on page 3. He expressed his willingness to work with the Controller and any others in redesign- ing the budget format. MOTION: Councilman Henderson moved, seconded by Se.man, that the Council refer the subieets of s,i,.get_fo: t a:z4--ti,e schedule for budget prepara- tion and review to the Finance and Public Works Committee and that the Council direct the City Controller to conduct a study of the budget format and report the results and recommendations to the Finance and Public Works Committee. 1 g 2 6/26/72 Councilman Clark said he wished to express Coe complete frustration he had experienced in the last series of budget discussions. He stated he was in favor of the motion and wished to participate in final approval of th'e budget format which will be adopted. He commented than the Finance and Public Works Committee had spent their entire time on for- mat and never got down to the issues of whether a program was useful, too expensive or not expensive enough - they spent all of their time on the sort of repetitious business of allocations, etc. He commented that the format obviously had to be changed but requested that the Council not swing over to "an auditor's kind of budget" ent:rely. He said it was his hope that out of this motion would come something that will serve the needs of both the layman and the auditor, something that will allow everyone to know that "this program serves this purpose and this is how much it is costing us." Councilman Berwald commented that several things are involved in the proposed motion: the job of the City Controller, the job of the City Manager, and 'what is a City budget?" He said a budget is not only to help the Council see and vote policy -wise as to 'that the City expendi- tures should be, it is a document to help operating heads of the City to manage the City in an effective way. He spoke of the /many weeks of Finance Co=ittee deliberations with recormendations coming now from an individual councilman. He referred to Councilman Henderson's memo- randum and said he was not sure that some of his suggestions might not be taken as Council directive to the City Manager and City Controller and it was his opinion this should not be. He said he would like to have the n-otion go back to the Finance Committee an,1 then have it come to Council from the Committee and suggested that both the City Manager and City Controller have an opportunity to discuss this in a different context than that discussed in Committee. He suggested Council might be directing the Controller to do something only the Manager can do. Councilman Henderson replied that the Committee authorized the Chair- man, himself, Mr. Mitchell and Hr. Sipel to get together and write the appropriate paragraph and added that it was the intent of the full Com- mittee to have this review undertaken. He stated that such a study clearly comes under the Office of the City Controller and added that he obviously would include the City Manager. He noted that the word "budgeting" is mentioned several times in the Code under Duties of the City Controller and he quoted: (1) "He will formulate and recommend to the Council policies and procedures on accounting, auditing, budgeting, et;.", (2) "He shall review the proposed annual budgets of all offices and departments of the City and consolidate them into the proposed an- nual City budget for presentation to the Council by the City Manager.", (3) "He shall interpret the intent of budget appropriations, and upon request of any Coorcil--appointed officer shall advise as to the pro- priety of any proposed charge." He noted there is anothes statement in the Charter that says the Controller is responsible for the format of the budget. Councilman Henderson again referred to his memo and the examples set forth regarding his inability to determine the costs of individual programs. He said he was speaking of simple concepts which would enable one to compare direct costs of individual programs. In response to Councilman Berwald, Mr. Sipel explained that the area Councilman Henderson referred to was Section "c" on page 3 of the Finance and Public Works Committee memorandum to the Council dated 6/13/72 and which related to observations. He commented that the bud - net is delegated to the City Controller under the Charter but added that he could not see how the City Manager could carry out his func- ttons effectively &_i *`-`tit being involved in this process. He said he would be very plea} ..a.patticipate in this assignment. 183 6/26/72 City Controller Mitchell suggested that the assignment be a joint assignment to the City Manager and the City Controller. He stated that his department has regarded the budget format as defined in the ordi- nance as meaning the financial schedules, titles and captions and he has discharged his duties under Section 2.28 of the PAMC which sets forth the fiscal procedures. He commented that as a result of working under this Section for the past thirteen years he would like to have the opportunity in 1972-73 of presenting the Finance and Public Works Committee with an updated version since..=n his opinion, there are some deficiencies in this Section and during the review of the budget format tney should also look at some of the fundamentals as required in the Code. Councilman Beahrs noted that during the ten years he has been a Council- man the budgets have varied with some having more successful presenta- tions than others. He stated that this year's presentation was out- standing as compared to some of the others. He said he would prefer use of the terms: "concept" to that of "format" and noted that over the vears there have been a lot of changes in accounting approaches, ter- minology and thinking. He concluded by saying he would not want to believe that in settling on a format the Council was intending to place the management in a straight jacket and say "this is the idealized account' .g approach from here on out._' Councilman Pearson said that in her opinion one of the biggest pro- blems for a layman is that he can't take the budget from year to year and compare it, look at one department and say it has gone up or down-, so much, it is effective or it isn't. She quoted from the Charter, "the Controller shall have full charge of all accounting and billing and recommend the form in which the budget is to be adopted." and in the Code, °'he shall prescribe, subject eo approval of the Council, the form in which the budget is to he presented." She stated that the budget is one of most important things the City Council does every year, the time when the public ehould come to the Council and express their pleasure or displeasure with that policy, how the money is being appropriated and what certain programs will cost. S:ae expressed dis- appointment that so few member of -the community attended the meetings at which the budget, is adopted. :The said she was hoping for a budget that. can be rooked at from year to year AS to what is happening so the Council can determine whether they want new polities, one thet citie zens can look at in the same way and say they do or do not dike what tree' Council is doing. Councilman Henderson stated that he was including the sense of c'ncept when he used the term "format" - how it appears and how it can be used. He stated it was his belief it Is proper that the City Contrnlle: , as .aCount#:.-appointed officer, should be given this assignment, that it is his duty. He commented that the City Controller and City Manager would obviously be working together. Toe motion carried unanimously on a voice vote. Mayor Comstock thanked the Chamber of Commerce, the League of Women Voters, ;staff and Finance Committee merahers for all the work they have done on the budget and for setting the stage for an ongoing, dynamic process. (The Council recessed from 9:43 to 10:00 p.m.) • 184 6/26/72 Administrative Reor anization Mayor Comstock asked Councilman Pearson, Chairman of the Policy and Procedures Committee, to report. Councilman Pearson referred to the Minutes of the meeting of June 15, 1972 and commented that the second item'consideree by the Committee that evening (the Williamson Act) will be before Council on July 10th. Tonight, the Committee wishes to make recommendations concerning the ordinance proposed to t.ilect administrative changes and the Committee had. made one amendment to the ordinance, proposing that it be changed to read "Animal Services Divis,ian" instead of "Animal Services Depart- ment." Following the meeting the Council had received a memorandum dated June 21, 1972 from Councilman Henderson in which he reviewed again the three organization charts. One, the existing or present organization; two, the changes as proposed by the City 'tanage :; and three, Councilman Henderson's proposed organization chart. Chairman Pearson noted that at the Policy and Procedures Committee meeting there had been some feeling on the part of both the staff and members of the audience that they did not want to see "department" changed to read "division". Chairman Pearson said tbe feeling was that such a change would affect the 1 vel or type of personnel involved. She said that the Committee recognized that qtr. Sipel was aware of thie naming problem and had indicated that he exg:ected further changes to occur in the next few years. The Committee had therefore unanimously sup- ported Mr. Sipel's recommendations. After making this decision the Committee had received the memorandum from Councilman Henderson. Councilman Pearson expressed concern about the change in the Depart- ment of Administrative Services to Department of the Budget and Staff Services. She said she was concerned that what =say happen in the future is that the Assistant to the City Manager :may find hia_elf in the ponit10n of proposing the for for the Budget without the concur- rence of the Controller; she felt that was unavoidable with the wording as it presently is and she would hope that the difference could be made more specific. She said that she would like to see the Controller and the Manager determine what their separate deties.are and report back to the Finance and Public Works Committee. MOTION: Chairman Pearson introduced the following ordinance And .moved, in behalf of the Policy and Procedures Committee, its approval for first reading: "Ordinance of the Council of the City of Palo Alto Amending Certain Sections of Chapter 2.O8 (Offices and Departments) of the PAMC to Reflect Administrative Changes Including the Amend- ment to Change Section 2.08.22 to Read 'Animal Services Division' Instead of 'Animal Services Department" AMENDMENT: Councilman Pearson moved that the ordinance be amended to delete that section which establishes the Department of Budget and Staff Services and also Section 2.08.165 which establishes a subsec- tion 3 of that Section and that the Code shall remain as it is at present until the wording is clarified. The amendment died for lack of a second. Councilman Beahrs commented that he felt the Council was dealing in a realm which is the responsibility of the City Manager. Mr. Sipel is doing a good job and is entitled to an administrative setup which is to i 8 5 6/26/72 his liking and to his needs. He said he -could envision City Manager Sipel wishing to snake further chance within the next three or four years and he thought the goa.'_ of -Council should be to maintain flexi, bility. Speaking to the subject of his memo of June 21st, Councilman Hender- son said he had reviewed a letter in 1971 from Mr. Mitchell to the City Council, dated October, 1971, regarding certain inconsistencies in the Administrative Code, making particular references to the duties of officers and the responsibilities of departments. Councilman Hen- derson stated that he hat voted against the Committee recommendations endorsing the proposed o_dinance and would like to ask staff to pre- pare a new ordinance, which would incorporate the recommendations con- tained in his memorandum of June 21, 1972. Mayor Comstock said that he would like to suggest an alternative cour;e of action. The ordinance before Council is the enabling legis- lation for the City Manager to carry out his suggested changes. Re said he would like to suggest that there be a referral of the comments made by Councilman Henderson and Councilman Pearson to the Policy and Procedures Committee so that they can go into these matters in detail. Ne said he felt the ordinance accomplishes what the Council has already approved in principal, but there are some questions which should be resolved, and he would like to see the Council pass the ordinance to- night with the understanding that the matter could stand some more re- view before the Policy and Procedures Committee. He suggested that Councilman Pearson prepare an item of New Business for a future Agenda for referral to the Policy and Procedures Committee. Councilman Clark stated that he could not agree with this. He felt that the Council should pass the ordinance and make note of Mr. Sipei's statement at the Policy and Procedures Committee that staff has this entite matter under consideration and the administrative reorganization will be redone within the next two years. He said he felt that the comments and suggestions made by Councilman Henderson will not go un- heeded and it should be left to Mr. Sipe1's good Judgment to bring the matter back to the Council. The ordinance, as amended by the Policy and Procedures Committee, was approved for first reading on a majority vo1 a vote. A Policy Plan for the.4a lands of Santa Clara Count a anaucoan litiit ee o ant Sir Santa Clara County MOTION; Councilman, Clark moved, secc' ded by Comstock, that the Council arprove the following recommendations of the Planning Commission: a) That the City Council enthusiastically endoreez .for approval by the Planning Policy Committee the goals and policies set forth in A POLICY PLAN FOR 'THE gAY"LAt4DS OF SANTA CLARA COUNTY as presented by the garlands Subcommittee of the Planning Policy Committee of -Santa Clara County with revisions as re- corded in the Planning Commission minutes of June 14, 1972; That the Council adopts the goals and policies contained therein where they are applicable to the City of Palo Alto, recognizing that.C:(ey policy will be more restrictive than those expressed in the Policy Plan on some points; :end 186 6/26/72 c) That ail areas of the Baylands of the City Of ra10 -.._to,_ included under the_applicaton of the Goals and Policies .even though some are not included in the plsAning Policy Baylands Study area. AMENDMENT: Councilman Clark moved, seconded by Comstock, that the motion be amended to add the following: "That the Baylands Study map reproduced in front of the report he modified to include San Jose Baylands area as well as others." The amendment passed on a unanimous voice vote, The motion to adopt the Planning Commission's zecommendat`ons a, b and c, together with the above additional amendment, passed on a unani- mous voice vote. Site and Deli n Control s royal - . oast ays. ore Roa MOTION: : Councilman Beahrs moved, seconded by Rosenbaum, that the Council uphold the recommendation of the Planning Commission and approve the application of Carl Holvick Company for Site and Design control approval at 2525 East Bayshore Road, subject to conditions recorded in the June 14, 1972 Planning Commission minutes. The motion passed on a unanimous voice vote. Site and Desi n Control ti ,roval - 1 1 El Camino Real MOTION: Councilman Beaters moved, seconded by Rosenbaum, that the Council uphold the recommendation of the Planning Commission and approve the application of Cloudburst. Car Wash for Site and Design approval at 841 El Camino Ral,.subject to conditions recorded in the June 14, 1972 Piannin.g. Commission minutes. Councilman Berwald noted that this site is an abandoned gas station and he said he would not participate in the discussion of this item, nor would he vote upon it. The motion passed on a unanimous voice. vote With Councilman Berwald abstaining. Countywide Human Relations Cot ission Mayor Comstock acknowledged receipt of a communication from the Chair- man of the Human Relations Commission plus an exei'pt from the minutes of the HRC meeting of June 13, 1972. MOTION: Mayor Comstock moved, seconded by Beahrs, that the Human Relations Commission position be approved and forwarded to the Santa Clara County board of Supervisors, accompanied by the comments con- tained in the Human Relation Commission's letter to Council dated June 22, 1972 'regarding County formation of a Human Relations Com- mission. See Page 1 95 187 6/26/72 See Page 196 Councilman Borwald commented that he would like to see every city in the Covtty have its own Human Relations Commission, but in the absence ---of that there is an opportunity to work through the Inter --City Council. Mayor Comstock noted that this subject had been discussed at the last ICC meeting and he said he had made a comraitrrcnt - to inform ICC of ," 1a Alto's position on this subject. The motion pawed on a unanimous voice vote. Booklet on Tenant -Landlord Relations Mayor Comstock congratulated the Manager, the community, the staff and the Human Relations Commission for producing an outstanding book- let on Tenant -Landlord Relations. He said thiEi was a first-class job. A lication for Alcoho c !3evera e 'cense Quniry li �. .s ni r�.-.7i =t *eft �l.a - . iION: Councilman Pearsoa moved, seconded by Rosenbaum, to file without action the application for an "Off Sale Beer and Wine" license at the Old Country Delicatessen, 2313 Birch Street. The motion passed on a unanimous voice vote. A lication for Alcoholic Bevero cense -- io icoat ?•ar et 3t, niversiti venue C7- 7. 3 } It was noted that based upon information provided by the Police Depart- ment and the City Attorney's office the City has neither reason to file nor grounds to sustain a protest f.,r this f'lc_oholic: beverage license application. MOTION: Councilman Pearson moved, seconded by Rosenbaum, to file with- out action the application for an "Off Sale Bear and Wine" license at the above named establishment. The motion passed on a unanimous voice vote. Contract to Develo an Estimated 4==.11=626..U16.25 o ':6i j MOTION: Councilman Clark moved, seconded by Pearson, that the Mayor be authorized to sign the contract with Stanford Research Institute, to develop a program to estimate customer water, gas and electric meter reading in alternate months, for $17,800. Councilman Rosenbaum said this seemed rather a complex approach to him nd . �_:d he asked y simpler alternatives were not adopted. Why not make reductions over a two month period and send out a bill every two months, he asked. 1 8 8 6/26/72 Mr. Warren Deverel, Managing Director of Utilities] responded, stating that this had been teseerched and -*.o bill every two months would seri- ously affect the City's cash flow. City Manager Sipel noted that since the City of Palo Alto owns five utilities .nhe bills would be too high in staff's opinion}and two monthly billings would cause problems with collection. Councilman Rosenbaum said in his opinion this would be a one time de- crease. He suggested sending out a bill with a stub every two months similar to the way the County taxes are collected. Mr. Deverel responded stating that two monthly billings would mean a continuing deferral. He said other alternatives had been tried by other municipalities and in most cases it was found that these methods were not acceptable to the customers. Councilman Rosenbaum responded that he did not think the customer would ever i..no . 'pie said staff is suggesting an expenditure of $13,000 to go to -a -grew: deal of trouble to get accurate readings and he won- dered how the custorer would ever know the difference. Mr. Devote' said that staff is oporat{rig on the experience of other utilities and it has been proven that this kind of billing would be acceptable from a public relations standpoint. 1 Councilman Pearson raised questions regarding Page 2 of the staff re- port and asked what would happen to the meter readers and equipment and supplies which it is indicated will be saved by this new system. She said she felt that the savings indicated were fictitious. Why not have this contract reviewed by the Finance and Public Works Committee; she suggested. MOTION: Councilman Pearson moved, seconded by Rosenbaum, to refer to the Finance. and Public Works Committee for review and recommendation to Council, the contract with Stanford Research Institute for Consult- ing Services - development of an Estimated Meter Reading Program. The motion to reiet to -the Finance and Public Works Committee passed on the following roll call vote: Ayes: Beahrs, Henderson, Pearson, Rosenbaum, Semen Noes: Berwald, Clark, Comstock Report on Sanitation :service r a m�rovemetts - ro#ect ho. -$3 (C :329:2) � ir.rrrrrrr�irr.arr�wosesi.gi�s�ww ■ rr•rr'r.�� MOTION: Mayor Comstock moved, seconded by Beahrs, that the Mayor be authorized to`execute a contract with Delano H. Large, Inc. in the amount of $43,880 deleting hid item number 5 for Sanitation Service Yard Improvements - Project No. 71-83. City N,,inegetSipei responded to a question from Councilman Henderson as to why only six bids out of seventeen contractors contacted were received, stating that the bid process ie a two step process and it is likely that contractors indicating an initial interest may have decided later not to submit a bid. The motion passed on a majority voice : vote. 1 8 9 6/26/72 En ineer's Contract for Redesi n of oot s eti it es C!R. ' :2) City Manager Slpel presented a brief review of the staff report. Councilman Henderson raised questions concerning Page 2 of the agree- ment for consultant services, particularly concerning -he hourly salary cost of the employee plus 30Z, divided by a factor of 20-80. Mr. Warren Deverel, Managing Director of Utilities, responded to Councilman iienderson's questions regarding the formula for payment and noted that there is a clause in the contract determining that the total sum shall not exceed ;8,000. Mayor Comstock confirmed his belief that the fates indicated in the contract are current rates for consulting services of this kind. MOTION: Councilman Berwald moved, seconded by Semen, that the agree- ment for consultant services re evaluation of the Foothills utility syetems be approved and the Mayor be authorized to execute this con- tract between the City of Pale Alto and Brown and Caldwell, Consulting Engineers, E4an Francisco. The motion passed on a unanimous voice vote. Modification to Existing Truck Route Ordinance MOTION: Mayor Comstock introduced the following ordinance and coved, seconded by Berwald, its approval for first reading: "Ordinance of the Council of the City of Palo Alto Amending Sec- tion 10.48.090 (b) (2) of the PAHC to Include Contractors in the City of Palo Alto Truck Route Regulation Provisions" (Second read- ing 7/10/72) Councilman Pearson made some counts cvn .eryning the use of Palo Alto's streets by big trailer trucks. She said these trucks use residential streets as a through route and added that Embarcadero is not a truck route. The ordinance was approved for first reading on a unanimous voice vote. 4=4.4 LController Re ea_ End retries See Page 195 190 6/26/72 City Controller Alfred J. Mitchell reviewed his memorandum to Council dated June 26, 1972. MOTION: Councilman Berwald intrcduced the following ordinance and moved, seconded by Beahrs, its adoption: Ordinance No. 2660 entitled "Ordinance of the Council of the City of Palo Alto Authorizing Closing of the 1971-72 Budget and Estab- fishing of Reserves" The ordinance was adopted on a unanimous voice vote. MOTION: Councilman Pearson moved that monies accumulated in the elec- tric utility and refuse utility funds for capital additions be trans- ferred to the Capital IMprove;aent Fund retaining their identity. The motion tailed for lack of a second. MOTION: Mayor Comstock moved, seconded by Berwald, that monies accu- mulated in the electric utility and refuse utility funds for capital additions be transferred to the Capital Improvement Fund and that the specific utility designation be dispensed with and amounts be filed under unappropriated balances of the Capital Improvement Fund. The motion passed on a unanimous voice vote. Re ort of wit- Clerk on Election Results Mayor Comstock acknowledged receipt of the report of the City Clerk dated June 22nd, advising the results of the Consolidated Primary Election, June 6, 1972. MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Beahrs, its adoption: Resolution No. 4618 entitled "Resolution of the Council of the City of Paic Alto Declaring the Results of the Special Election Held in the City of Palo Alto on June 6, 1972 Upcn Propositions Amending the Charter of the City of Palo Alto" The resolution was adopted on a unanimous voice vote. vOT[ON: Councilman Berwald introduced the following resolution and roved, seconded by Beahrs, its adoption: Resolution No. 4619 entitled "Resolution of the Council of the City of Palo Alto Declaring the Results of the Special Referendum Election Held on June 6, 1972 in the City of Palo Alto" The resolution was adopted on a unanimous voice vote. FunJin Priorit- for E tton School toProject Community Housing, Inc.) Mayor Comstock recognized Councilman Rosenbaum who had placed this item on the Agenda as New Busine.`s. Councilman Rosenbaum referEed to his memo dated June 20, 1972 and said he thought it would be appropriate for the Council to request that the FHA give top priority to the Lytton School site housing project for funding in Palo Alto, i.e. that the next 236 project to be funded in Palo Alto be the Lytton School project. MOTION: Councilman Rosenbaum moved, seconded by berweld, that the Mayor be requested to writ to the FHA ei.ph zing . _ write - �_-i i.-�F......+i.ii.a..�QiV-Alto's-interest in the Lytton School project and requesting that it be the next 236 project to be funded in Palo Alto. City Manager Sipel advised Council that based on information he had received the application for this project was submitted to HUD on Fri- day, -June 23rd, 1972, 1 9 1 6/26/72 CoenciIuan Seman stated that in her opinion it would be presumptuous to indicate to HUD a preference for senior citizens' housing over family housing. SUBSTITUTE MOTICn : Councilman Seman moved, seconded by Clark, that the Mayor be requested to write FHA emphasizing Palo Alto's need for housing for people with low --moderate incomes and requesting the highest priority 236 funding for the Lytton School project and the Arastraderc Park project. Councilman Seman added that she would be much more' at ease with this general statement requesting consideration of both projects. She said she felt "squeamish" about naming one project over another. Councilman Rosan'oaum spoke in opposition to the substitute motion. He said that someone at HUD has to make a decision on which project is to he funded first and because of the City's financial interest in the Lytton School project he felt that the City should be requesting priority funding for this project. Mayor Comstock. recognized Mr. Joe Ehrlich, 4225 Park Boulevard. Mr. Joe Ehrlich, 4225 Park Boulevard, spoke to the sense of Councilman Rosenbaum's original motion. He said that as a private d --toper he had also made a financial commitment and he did not like to see the City in competition with the private sector in maneuvering for funds from HUD. He also said that such a cotton would infer that the Council Is in favor of senior citizens' housing and that multi -family housing has second priority. Mr. Ehrlich said he would prefer a motion similar to that proposed by Councilman Seman which would be more effective. He would feel uncomfortable about the City backing something because the City has money on the line. Councilman Seman stated in her opinion every time the City approves a 236 project a letter should be sent to HUD. She said FHA has to take the national priorities into consideration and it would be pres umptu- our for Palo Alto to deal with national priorities. Councilman Rosenbaum commented that sometimes too much credit is given to government agencies and someone on the receiving end of the applica- tion will have to make a -decision and win respond to pressure. He re- butted Mr. Ehriich's comments about funding and asked why is it so difficult for a non-profit developer to gt;t some funding. Councilman Pearson pointed out that there are two sets of funds avail- able; one for housing for the elderly and one for multi --family housing. The substitute motion passed on a majority voice vote. Resolution of Welcome to the Honorable von o Oaxaca, exico Mayor Comstock raised an item of New Business and said that tais_'es t c Ci,y Lae -been proud -to receive the -Memorable Jorge Martinez Cracida, Mayor of Oaxacan Mexico, sister city of Palo Alto. MOTION: Councilman Seman introduced the following resolution and moved, seconded by_ Comstock, its _adoption on an emergency basis: 1 9 2 6/26/72 Resolution No. 4620 entitled "Resolution of the Council of the City of Palo Alto Welcoming to thf City of Palo Alto the Honorable Jorge Martinez Graeidae Mayor cf Oaxaca, Mexico; Carlos Hamilton and Jorge Gonzales, Past Presidents of the Committee of Sister Cities of Oaxaca, and Senior Ba.11estero; President of the Oaxaca Rotary Club" The resolution was adopted on a unanimous voice vote. Fire at Jordan School Councilman Rosenbaum raised a further item of "ew Business concerning the recent fire. at Jordan School and the damage caused to the pool. He inquired re the status of repair to the pool and whether the pool will be available for use this summer. C. B. Walker, Acting Assistant City Manager, stated it was understood from the School District that they hope to have complete assessment of the damage by the end of this week and an estimate of the time it will take to rehabilitate the damaged equipment .so that -the pool -can once again be functional. It has been established that the filter is all right, he said, but there may be some damage to the heater. The pool will probably be opened before the end of the summer. Mr. Walker stated that he would take steps to insure that the Council had a full report on the damage and timing of repairs. (Vice Mayor Norton took his seat at 11:30 p.m.) Palo Alto Re resentative to Advisory Commission to the Santa ara ourt� Transit I istrict Miayor Comstock referreyi to a letter dated June 14, 1972 from the Santa Clara County Board of Supervisors seeking the name of Palo Alto's representative to , the 25 member Advisory_ Commission to the Santa Clara County Transit District. He noted .that included in this membership there will be one Councilman appointed by each of the 15 cities from them respective Councils. There be 7 public meishers appointed repre- senting people who have,a special need for transit services, such as minority persons, persons with limited means, elderly, handicapped, and young, --3 by the San Jose City Council, 1 by the Santa Clara City Council, 1 by the Suiiny'ale City-Couneii, and 2 by the Board of Super- visors. Finally, 3 public members are to be appointed -by the Board of Supervisors based on their special knowledge of • transit. MOTION: Mayor Comstock coved, seconded by Clark, that Councilman Richard Rosenbaum be named as Palo Alto's representative to the Advi- sory Commission to the Santa Clara County Transit District and that .: : Councilman Sylvia Seman be named as the alternate. Councilman Pearson invade some comments objecting to the membership.dis- tribution and said she felt Palo Alto should have one of the public member appointments. Councilman Rosenbaum noted that tL a formula for the 25 member Advisory Commission was part of the legislation adopted at the request of a Councilman from San Jose, to an effort to make sure that the San Jose minority population would support the Transit District. 19 3 6/26/72 S2.e Pag 19 The motion appointing Palo Alto's representative and alternate passed on a unanimous voice vote. Executive Session The Council adjourned to Executive Session to discuss personnel matters from 11:35 to 12:20 p.m. Adjournment The meeting was adjourned at 12:20 p.m. ATTEST: City Clerk 6 APPROVED: Mayor