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1 MINUTES
city of palo alto
June 21, 1971
The Council of the City of Palo Alto met on this date at 7:30 p. m. in
a regular meeting with Mayor Wheatley presiding.
Present: Arnold, Beah.a s, Berwald, Comstock, Dias, Gallagher,
Norton, Pearson, Wheatley
Abeent: C:ark, Spaeth
Approval of Minutes of May 24, 1971
(continued from ..dune 14, 1971)
On Page 99, in reference to the Two -County Mid -Peninsula Planning
Study, Councilman Pearson noted that the motion to take no action
had passed on a roll call vote of 9-1, with Councilman No&on voting
"No. " Councilnmsan Norton being in accord and the City Clerk having
confirmed that this is correct, the record is to be corrected accord-
ingly. On the same subject, Councilman Pearson requested that the
motion be changed to read as follows: "MOTION: Councilman
Pearson moved, seconded by Arnold, that the Council accept the con-
cept of a Two --County Mid -Peninsula Planning Studyand direct the
Mayor to communicate tLis policy to all the appropriate jurisdictions
and agencies."
The Minutes of May 24 were appro::ed as corrected. (See Minutes of
June 14 for earlier corrections.)
Approval of Minutes of June 7, 1971
On Page 116, "Tree Preservation Ordinance," Councilman Dias re-
quested that the following be stricken from the record: "The City
ordinance was to have been written based on Livingston and Blayney's
study or, tree preservation, and staff has checked and confirmed that
this report will not be forthcoming:"
Hearing no objections, Mayor Wheatley ruled that this sentence be
stricken from the record,
On Page 117, Mayor Wheatley noted that under the "Palo Alto Bus
System," the reference to free passage for persons over the age of
65 years should be changed to read "persons over the age of 62 years,"
inasmuch as Mrs. Garword's letter had mentioned "over 62 years"
and Mayor Wheatley had stated "over 65 years" when reporting on
this letter,
The Minutes of_Juuc-7, --1971 were approved as -correct eq
First Presbyterian Church: Use
Permit%r-I;ay Care C rarer — —
MOTICN: Mayor Wheatley moved, seconded by Berwald, that Item
#10 on the agenda, concerning the Use Permit fora day care center
at 1140 Cowper Street, be considered out of order and moved up to
become Item #2, to be heard following the Public Hearing on the
1971-72 Annual Budget.
The motion passed on a unanimous voice vote.
1971-72 Annual Budget (CMP:821, 849, 850)
u�i�icµi�aring -
Mayor Wheatley announced that this is the time and place set for the
Public Hearing on the Budget for the fiscal year 1971-72 and that
published notice of this Hearing has been given. He declared the
Public Hearing open, and noted that the Finance Cornrnittee had
studied this document at seven meetings during the period April 13 -
June 8, 197), before presenting their recommendations to Council.
Mrs. Gary Heymann, 3448 Greer Road, President, League of Women
Voters, spoke of the League's main concerns in respect to the pro-
posed 1971-72 budget, namely housing and open space preservation.
Erniiy I? enzel, 836 Addison, raised numerous questions concerning
the Capital. Improvement Fund and requested deletion or deferment
of items which do not directly reflect established Council policy.
Councilman Norton, Chairman of the Finance Committee, replied to
Miss Renzel's comments, noting that the allocations suggested in the
C.1. P. have not yet been considered by Council.
City Manager Morgan explained that the Corn nunity Improvement
Program is intended to be an enumeration of projects contemplated
as a result of action in the community over a period of time. The
Council is required to adopt a Budget every year and this Budget
covers only a 12 month period. The Community Improvement Pro-
gram reflects policy and activity of the Council and serves as a re-
minder of funds likely to be required at certain times, but it is no
commitment for any monies.
Mayor Wheatley declared the Public Hearing closedand-ruled that
the, Council would now hear the Finance Committee recorru-nenc_iatiLi.s on the Annual Budget and discussion of the Capital Improvement Pro-
gram would be held later.
1
MOTION: Councilman Norton moved, on behalf of the Finance Com-
mittee, adoption of the 1971-72 Annual Budget, with the following
amendments:
-131
6/21/71
AMENDMENT: Councilman. Norton moved, o:i behalf of the Finance
Committee, that the 1971-72 Annual Budget, Planning and Cornr:iunity
Development, (p. 20), be amended to provide $10. 800 for the Palo
Alto Housing Corporation.
The amendment passed on a majority voice. vote, with Councilman
Dias voting "No."
AMENDMENT: Councilman Norton moved; on behalf of the Finance
Committee, that the 1971-72 Annual Budget, Community Services,
(p. 79), be amended to provide $5, 000 for staff for referral and other
services for -senior citizens.
The amendment passed on a unanimous voice vote.
AMENDMENT: Councilman Norton moved, on behalf of the Finance
Committee, that the 1971-72 Annual Budget, Community 'Relations,
(p. 17), be amended to delete the B eceptionist-Clerk position and
reduce salaries and benefits by $ 8, 781.
The amendment passed on a unanimous voice vote.
AMENDMENT: Councilman Norton move, on behalf of the Finance
Committee, that the 1971-72 Annual Budget, Administrative Services -
Central Analysis and Services, (p. 24), be amended to add the Word
Processing Coordinator position, and salaries and benefits increased
by $10,892.
The amendment passed on a unanimous voice vote.
AMENDMENT: Councilman Norton moved,' on behalf of the Finance
Corn.nuttee, that the 1971-72 Annual Budget, Public Works Admini-
stration, (p. 49), be amended to add the position titles of Special
Contracts Supe.ri►isor and Environmental Ccntrol Specialist.
Councilman Norton noted that this is a technical correction and these
position titles were omitted from the original budget document.
See page
153
Councilman Pearson objected to the title l'Environniental Control
Specialist."
City Manager Morgan responded to Councilman Pearson's questions
and noted that the amendment represents a purely technical correction;
that these positions have existed within the City for m. -any years.
The amendment passed on -a majority voice vote, with Councilman
Pearson voting "Nc. "
AMENDMENT: Councilman Norton moved, on behalf of the Finance
Cornmiti.ee, that the 1971-72 Annual Budget, Public Works - Building
Inspections, (g. be amended to show an increase in departmental
revenues of $22. 000.
132
6/21/71
The motion passed on a majority voice vote, with Councilman
Pearson. voting "No.."
AMENDMENT: Councilman Norton moved, on behalf of the Finance
Committee, that the 1971-72 Annual. Budget, Community Services,
Recreation, (p. 83), be amended by an increase in the amount of
$5,633 for programs at Barron Park and Escondido Elementary
Schools, and that departmental revenues be increased in the amount
of $5, 633.
The amendment passed on a unanimous voice vote.
AMENDMENT: Councilman Norton moved, on behalf of the Finance
Committee, that the 1971-72 Annual Budget, Water -Gas -Sewer, GAS,
(p. 104), be amended to increase revenues by $30, 000, increase allo-
cation for purchase of gas by $37, 000, and reduce transfer to General
Fund by $7,000.
The amendment passed on a unanimous voice vote.
AMENDMENT: Councilman Norton moved, on behalf of the Finance
Committee, that the 1971-72 Annual Budget, Light and Power,
(p. 116), be amended to rebudget the .following items approve.;, but
not completed, in 1970-71:
Arastradero Substation Land Acquisition (UUhOld"
see page 138)
Colo.:ado Substation Site Improvements and
Purchase of Land from State
Hansen Way, Hanover, East Meadow Sub-
stations Oil Circuit Breaker Installation
Materials
Underground Lines in Stanford Industrial Park
Middlefield Road Underground Conversion
Miscellaneous Underground
Street Lighting, California Ave., El Camino
Real to Amherst
Southgate Street Light Duct System
Crescent Park Rebuilding Materials
Communications Projects: Stanford Industrial
Park Phase 11, Calif. Ave., Easements Con-
version and Line Extension on Easement
Behind Mayfield School
$ 64, 150
48, 000
6, 500
241, 215
68, 000
18, 000
13,000
15, 000
7, 500
35, 500
AMENDMENT TO AMENDMENT: Councilman Pearson moved,
seconded by Comstock, to delete the amount of $64. 150 suggested
for rebudgeting for the Arastradero Substation Land Acquisition.
Councilman Norton explained that the Finance Committee's recom-
mendation nn this item is to place it in a special "Hold for Council
Approval" category.
City Manager Morgan explained that this category reassures the
Council that no additional commitment will be made by Staff until
the Council takes action to release the funds for the proposed poi. -
pose.
The amendment to the amendment failed on the following roll call
vote:
Ayes: Comstock, Pearson
Noes: Arnold, Beahrs, Berwald, Dias, Gallagher, Norton,
Wheatley
The amendment passed on a unanimous voice vote.
AMENDMENT: Councilman Norton moved, on behalf of the Finance
Committee, that the 1971-72 Annual Budget, Capital Improvement
Fund, (p. 92-93), be amended by reducing the appropriations for
the following projects:
Lower Foothills Fire Station
Foothills Neighborhood Park
Stern Center Improvements, Phase 1
Storm Drainage Improvements
Municipal Service Center Development
Mitchell Park Library Expansion
Eleanor Pardee Park, Phase 11
Police Pistol Range
Trails and Pathways
Bus Replacement
Downtown Park (South)
Additional Buses
The amendment passed on a unanimous voice vote.
$ 20,000
153, 000
17, 000
597, 000
245, 000
170, 500
?5,000
25, 000
100, 000
243, 000
200, 000
14, 250
AMENDMENT: Councilman Norton moved, on behalf of the Finance
Committee, that the 1971-72 Annual. Budget, Capital Improvement
Fund, (p. 93), be amended to appropriate $3,334,100 for Foothills
Land Acquisition and if year end adjustments permit, this appropri-
ation to be increased by $152, 000.
Councilman Pearson requested that the motion be divided into two
parts: a) the appropriation of $3,334,100 and; b) the increase of
4152,000 if year end adjustments permit.
AMENDMENT TO AMENDMENT: Mayor Wheatley moved, seconded
by Dias, that the second part of the emotion "...and if year end ad-
justments permit, this appropriation to be increased by $152,000"
be deleted, and there be added to the motion, "Hold for Council
Approval."
134
6121!71
In response to questions, City Attorney Stone stated that an item
placed in the "Hol,' for Council Approval" category does not require
a two-thirds vote of the Council - it would only require a majority
vote. This item is in the Budget and is appropriated, but if it is
placed in the "Hold for Council Approval" category staff will ask
Council for policy before finally committing the money. He noted
that Council approval is already required for expenditure of certain
amounts of money.
Mayor Wheatley ruled that the amendment to the amendment would
be voted upon in two parts.
1) To delete "... arid if year end adjustments permit, this
appropriation to be increased by $152,000" and;
2) To add "Hold for Council Approval."
Part 1 of the amendment to the amendment passed on the following
roll call vote,
Ayes: Arnold, Beahrs, Berwald, Dias, Gallagher, Pearson,
Wheatley
Noes: Comstock, Norton
Part 2 of the amendment to the amendment passed on the following
roll call vote:
Ayes: Arnold, Beahrs, Dias, Gallagher, Wheatley
Noes: Berwald, Comstock, Norton, Pearson
The amendment, as amended, passed on the following roll call vote:
Ayes: Arnold, Beahrs, Berwald, Comstock, Dias, Gallagher,
Norton, Pearson, Wheatley
Noes: None
AMENDMENT: Councilman Norton moved, on behalf of the Finance
Committee, that the 1971-72 Annual Budget, Capital Improvement
Fund, (p. 92), be amended to transfer $80,000 from Service Center
Development to Animal ,Shelter Relocation, for a total appropriation
of $220, 000.
The amendment paabed on a unateimous voice vote.
AMENDMENT: Councilman Norton moved, on behalf of the Finance
Committee, that the 1971-72 Annual Budget, Capital Improvement
r'und, (p. 92), be amended to set the appropriation for Municipal
Service Center Development at $45, 000.
The amendment passed ors -4. unanimous voice vote.
135
6/21/71
AMENDMENT: Chairman Norton moved, on behalf of the Finance
Committee, that the 1971-72 Annual Budget, Capital Improvement
Fund, (p. 93), be amended to increase the appropriation for Down-
town Street Lighting and Beautification by $152, 000, for a total of
$175,300.
The amendment passed on a majority voice vote.
AMENDMENT: Councilman Dias moved, seconded by Wheatley,
that the 1971.72 Annual Budget be amended to increase the 1971-72
Sewer Fund Budget, Project Services, in the amount of $122, 000,
for the Channing Trunk Extension Project.
City Manager Morgan and Assistant City Manager Sipel responded
to questions on this subject.
The amendment passed on a rxnajority voice vote.
AMENDMENT: Councilman Norton moved, duly seconded, that the
1971-72 Annual Budget, Street Improvement Fund, (p. 95), be
amended to place the $12, 000 allocated for Wilkie Way Bridge in a
"Hold for Council Approval" category.
The amendment passed on a majority voice vote.
Hearing no objections, Mayor Wheatley ruled that the Cou\ ci1 would
hear from members of the public at this time.
Francis Tims, 2600 El. Camino, President, Palo Alto Chamber of
Commerce, filed a copy of his statement to the Finance Committee,
June 8, 1971, He spoke of the need for review of the Budget through-
out the year.
MOTION: Vice Mayor Gallagher moved that the City Council direct
the City Attorney to draw up a policy resolution requiring citizens'
approval by public vote of the expenditure of city funds for purchase
of Foothills lands in accordance with an acquisition plan.
Mayor Wheatley ruled that this motion was not in order at this time,
and could be brought up under "New Business" when the Annual
Budget discussion was completed.
AMENDMENT: Councilman Pearson moved that the 1971-72 Annual
Budget be amended to place a "Hold for Council Approval" category
on that FIrt':_,gin of $2813, 000 related to Stibtransmisaion System for.
the Arastradero Sub -Station.
else amendment failed for lack of a second.
AMENDMENT: Councilman Pearson moved, seconded by Comstock,
that the 1971-72 Annual Budget be amended by moving back one year
sanitation service yard improver4+ents for which $50,000 has been.
apgrnrriatcd.
136
6/21/71
Councilman Norton noted that this had been discussed at the Finance
Committee level. City Manager Morgan gave a further explanation.
The arnendment etas defeated by a majority voice vote.
AMENDMENT: Councilman Pearson moved that the 1971-72 Annual
Budget be amended by deleting the Solid Waste Recycling and Re-
covery Program, (C. I. P. p. 19), for which an amount of $25, 000
has been appropriated.
The amendmeat failed foe lack of a eecond.
AMENDMENT: Councilman Pearson moved that the -Community
Improvement Program, (p. 23), be amended by deleting the refer-
ence to Middlefield Road Corridor Improvements.
Mayor Wheatley ruled that this matter should oe taken up at a later
time, inasmuch as it is not part of the program for Fiscal Year
1971-72.
AMENDMENTz Councilman Pearson moved, seconded by Comstock,
that the 1971-72 Annual Budget be amended by deleting reference to
the Embarcadero Road Widening, (p. 26 of the C.I P.), for which
an amount of $74, 000 has been appropriated.
The amendment was defeated on a majority voice vote.
AMENDMENT: Councilman Pearson moved that the 1971-72 Annual
Budget be amended by placing the proposed Embarcadero Road
Widening, (p. 26 of the C.1. P. ), in a "Hold for Council Approval"
category.
The amendment failed for lack of a second.
AMENDMENT: Councilman Pearson moved that the Community
improvement Program (p. 29), be amended by deleting reference
to the Foothills Expressway Interchange at Arastradero Road.
Mayor Wheatley ruled that this motion did not relate to the 1971-72
Annual Budget and should be brought up at a later time.
AMENDMENT: Councilman Pearson moved that the Community
Improvement Program, (p. 37), be amended by deleting reference
to "Water Utility - Foothills."
Mayor -Wheatley ruled that this matter did not relate to the 1971.72
Budget and should be brought up at a later time.
AMENDMENT: Councilman Pearson moved, seconded by Comstock,
that the 1971-72 Annual Budget be amended by deleting reference to
"Gas Utility Extensions to New Custor-era and Development," (p. 37
of the C.1. P. ), for which an arnot nt of $40, 000 has been appropriated,
See Page
154
137
6/21/71
City Manager Morgan responded to questions, stating that this figure
represents staff's best judgment based on history as to what will be
required. The City provides these funds, but they are used only
when new services are demanded by the. customer.
The amendment was defeated on a majority voice vote.
AMENDMENT: Councilman Pearson moved that the 1971-72 Annual
Budget, (p. 43 of the C.I.F. ), be amended to delete $600, 000 for
Downtown Park Improvements,
Mayor Wheatley ruled that it was inappropriate to discuss this mat-
ter at this time. inasmuch as a large portion of this amount has
already been expended.
AMENDMENT: Councilman Comstock moved, seconded by Pearson,
that the 1971-72 Annual Budget be amended to delete reference to
Arastradero Road Improvements, (p. 27 of the C.I.P. ), for which
an amount of $89, COO has been appropriated.
The amendment was defeated by a majority voice vote.
MOTION: Councilman Norton, moved, seconded by Beahrs, that
two budget -related items: 1) regarding funds for the Arastradero
Substation Land Acquisition; and 2) regarding Arastradero Road
improvements be considered out of order at this time.
The motion carried on a unanimous voice vote.
AMENDMENT: Councilman Norton moved, on behalf of the Finance
Committee, that the 1971-72 Annual Budget be amended to place
funds for the Arastradero Substation Land Acquisition, in the amount
of $64,150, a "Hold for Council Approval" category.
The amendment passed on a majority voice vote.
AMENDMENT: Councilman Norton moved, on behalf of the Finance
Committee, that the 1971.72 Annual Budget be amended to place
the Are stradero Road Improvements in a ,"Hold for Council Approval"
category,
The amendment passed on a majority voice vote.
Hearing no further amendments, Mayor Wheatley ruled that the
notion, as amended wn=_ld be voted on.
The motion to adopt the 1971-72 Anne.a1 Budget, as amended, pawed
on the following roll call vote:
Ayes: Arnold, Beahrs, Berwald, Comstock. Dias, Gallagher,
Norton. Pearson, Wheatley
Noes: None
See Page
154
MOTION: Councilrsnan Norton introduced the following ordinance
and moved, on behalf of the Finance Com.riittee, ita adoption as
amended (Exhibit "B"):
Ordinance No. 2608 entitled "Ordinance of the Council of the
City of Palo Atto Adopting a Budget for Fiscal Year 1971-72"
The ordinance as amended (Exhibit "B"), was approved on the
following roll call vote:
Ayes: Arnold, Beahrs, BerNald, Cornatock, Dias, Gallagher,
Norton, Pearson, Wheatley
Noes: None
MOTION: Councilman Norton introduced the following ordinance
and rnoved, on behalf of the Finance Committee, its approval for
first reading:
"Ordinance of the Council of the City of Palo Alto Amending
Certain Sections of the Palo Alto Municipal Code to Establish
a Department of Utilities Under the Direction of a Managing
Director and Setting Forte. His Duties and Responsibilities
Therein" (Second reading 71617t)
The ordinance was approved for first reading by a unanimous voice
vote.
MOTION: Councilman Norton moved, on behalf of the Finance Com-
mittee, that the Council continue the 10i% sewer surcharge beyond See Page
November 30, 1971 and that differential rates be established in the 154
Monroe Park area.
AMENDMENT: Councilman Pearson moved, tiuly seconded, that
the motions be amended to strike out "wand that differential rates
be'%.,tablished in the Monroe Park area."
The amendment failed on the following roll call vote:
Ayes: Berwatd, Comstock, Norton, Pearson
Noes: Arnold, Beahrs, Dias, Gallagher, Wheatley
The motion passed on a majority voice vote,
MOTION: Councilman Norton introduced the following resolution
and moved, on behalf of the Finance Committee, its adoption:
Resolution No 4464 entitled "Resolution of the Council of
the City of Palo Atto Amending S►_hedules S -1, S -1-A.,
Set and 0-24 of the City of Pass Alto Uatitities Rates and
Ct argas Pertaining to Pcarestic and Commercial Sewage
— Collection and Fauwpossi"
139
6/21/71
The resolution was adopted by the following roll call vote:
Ayes: Arnold, Beahrs, Dias, Gallagher, Norton,
Wheatley
Noes: Berwald, Comstock, Pearson
MOTION: Councilman Norton introduced the following resolution
and moved- on behalf of the Finance Committee, its adoption:
Resolution No. 4465 entitled "Resolution of the Council of the
City of Palo Alto Amending Schedules G-5, S- 5 and W -5 of
the City of Palo Alto Utilities Rates and Charges Pertaining
to Utility Connection Charges"
The resolution was adopted on a unanimous voice vote.
MOTION: Councilman Norton :roved, on behalf of the Finance com-
mittee, that staff be instructed at the next opportunity following a
wholesale gas rate increase to provide in its readjustment of cus-
tomer rates for the passing along of the ;ate increases to the cus-
tomer.
The motion passed on a majority voice vote.
MOTION: Councilman Norton moved, on behalf of the Finance Com-
mittee, that the City postpone underground conversion programs as
ye'. not under construction or for which City is not cornmitted to pro-
vide an early source of funds by way of loan for Downtown beautifi-
cation and lighting and foothills acquisition.
The motion was defeated on the following roll call vote:
Ayes: Arnold, Comstock, Norton, Pearson
Noes: Beahrs, Berwald, Dias, Gallagher, Wheatley
MOTION: Councilman Norton moved, on behalf of the Finance Com-
mittee, that the Connmuni`i.y Improvement Program for the years
1972-73 through 1975-76 be reduced in scope to i ake available
approximately $3,200./1(10 f4.1r the -lower foothills land acquisitions
program -if -funds are required for that purpose.
AMENDMENT: Mayor Wheatley moved, seconded by Beahrs, to
amend the motion by striking the words "...if funds are required
for that purpose" and adding "...pending development of a. funding
program for that purpose."
The a.nendrnent was defeated on the following roil call vote:
-
A e;: - Bestirs, Dias, Gallagher, Wheatley
Noes: Arnold, Berwald, Comstock, Norton, Pearson
The motion passed on a majority voice vote.
140
6/21/71
MOTION: Councilman Norton moved, on behalf of the Finance Com-
mittee, that with respect to Downtown Park (South) the amount
shown as $200,000 be added to the 1972-73 Fiscal Year so $300,000
is shown for 1972-73.
The motion passed on the following roll call vote:
Ayes: Arnold, Berwald, Comstock, Norton, Pearson
Noes: Beahrs, Dias, Gallagher, Wheatley
Foothills Land Acquisition
MOTION: Vice Mayor Gallagher moved, seconded by Beahrs, that
the Council direct the City Attorney to draw up a policy resolution
requiring citizens' approval by public vote of the expenditure of
city funds for purchase of foothills lands in accordance with an
acquisition plan.
Discussion of the proposed resolution ensued.
The motion was defeated on the following roll call vote:
Ayes: Beahrs, Dias, Gallagher, Wheatley
Noes: Arnold, Berwald, Comstock, Norton, Pearson
Adjournment
}ACTION: Councilman Comstock moved, seconded by Berwald, to
adjourn the meeting to June 28, 1971, at 7:30 p.m.
The motion passed on a unanimous voice vote,
The meeting adjourned at 12:20 a.m.
APPROVED:
•
Mayor
ATTEST:
Citet41411,
y Clerk
141
6/21/71