HomeMy WebLinkAbout1979-04-09 City Council Summary MinutesRegular Meeting
April 9, 1979
ITZM PAGE
Oral Communications 6 1 0
Minutes Of March 19, 1979 6 1 0
Consent Calendar - Action Items 6 1 1
Gas Rate Study Grant (ray:216;9) 6 1 1
Airline Limousine Service, Inc. Proposed Fare Increase 6 1 1
(CPR:214:9)
University Avenue Southern Pacific Depot Project (CMR:213:9) 6 1 2
Request of Vice Mayor Henderson re South Bay Dischargers 6 1 3
Authority
Request of Mayor Carey re Art in Public Places 6 1 4
Counc 11 ember Witherspoon re Letter from Mrs. Gifford re Opera 6 1
Councilmember Sher re Firefighters` Written Position Statement 6 1 6
Oral Commun'catfons 6 1 6
Adjournment to Executive Session 6 1 6
Adjournment 6 1 6
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4/9/79
Regular Meeting
April 9, 1979
The City Council of the City.of Palo Alto met on this date in the Councilchamber,
at 7:40 p.m., Mayor Carey presiding.
PRESENT: Brenner, Carey, Eyerly, Fazzino, Fletcher, Henderson, Scher
Witherspoon
ABSENT: Clay
Mayor Corey announced Cat the meeting would be quite short, inasmuch as
a long executive session had been scheduled for personnel and litigation
matters.
ORAL COMMJNICATIOMS
1. Tim Bruer, Stanford University Radio Station KZSU business manager,
Box 5788, Stanford, thanked Councilmembers for their support of YZSU.
He donated tee shirts to rnunri is ambers, _ with the rtdio station call
letters of KZSU imprinted on them.
2. Tony Spitaleri, president, Palo Alto Professional Fire Fighters
Union, said he was appearing before Council to bring them up to
date on negotiations. The union had been negotiating since last
September. On Thursday, April 5, negotiations had broken off. The
Fire Fighters' Union, Mr. Spitaleri said, had proposed a package
that was in line with the President's guidelines, that is, he said,
not inflationary, and the union had also proposed an additional
drop in vacation block to save the City some money --in overtire a
cost of about $26,000. The union, he said, was prepared to sign
an agreement, but talks had broken down because the City negotiator
wanted the fire fighters' union to co-author and co-sign an agreement
which the union thought would drop the level of service and risk
community safety. Mr. Spitaleri said "We feel it's not our position
to negotiate the type or level of service the citizens of Palo Alto
are enjoying. We feel that that issue should be left up to the
citizens cr the Council." He said the fire fighters' union Was
prepared to cone to agreement but it would not sign or co-author
an agreement that called for a drop in the level of service. He had
brought copies of the fire fighters' union proposal to Councilors
because "...we were told in our last negotiating session that our
proposal will not be presented to you. So that makes me also think
that maybe our past proposals that we have made over the last six
or seven months have not been fully explained to you. We had
offered the City a two-year agreement calling for a 7 per cent wage
increase each year exactly as the police officers received and
signed, and we were turned down. We don't know why we were turned
corn. It appear% that when we want a shorter contract or we want a
contract to start with the October date, demand for the level of
service cows into question. . ." The union, he said, did not
want to go to arbitration, though it had fought for and won the
right to go to arbitration when talks broke down.
MINUTES .. 19 7
on
979)
Vice Meyer Henderson referred to page 566, ninth paragraph, andasked
that the third sentence read instead: 'He did not see much traffic at
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the station/shopping center at the Middlefield entrance and exit next to
the station."
Vice Mayor Henderson referred to page 570, thirteenth paragraph, and
asked that the second sentence read instead: "It was even worse than
that a party was guilty until proven innocent; it was saying that the
party was guilty even though proven innocent."
Councilmember Brenner referred to page 560, and asked if it was the
length of Barron Park itself, or the length of Mdybell Avenue that was
referred to by ryr. Schreiber.
Councilmember Brenner referred to page 562, ninth paragraph, end asked
that the fourth sentence read instead: "The proposal would substitute
the much -criticized P -C zone without giving any benefits that the P -C
could give."
Councilm ber Brenner referred to page 562, ninth paragraph, and asked
that the ninth sentence read instead: "She thought that an R-2 could be
good, for it more nearly approximated the idea of a single-family zone
with a cottage owned by the main family on the same lot; in other words,
it did leave a_subdivision of eight single living `units."
MOT ION : Councilmember Fazzi no moved, seconded by Fletcher, that the
minutes of March 19 stand approved as corrected. The notion passed on a
unanimous voice vote, Councilmember Clay absent.
CONSENT CALENDAR
Referral Items
None
Action Items
GAS RATE STUDY GRIT ( : 21 S: 9)
Staff recommends that Councf l authorize the player ::to execute the contract
with the State Energy Resources Conservation, ind Development Commission.
MOTION: Council ►er Fletcher moved, seconded by Henderson, that
Council approve the following contract:
CONTRACT: CALIFORNIA STATE ENERGY RESOURCES
CONSERVATION AND DEVELOPMENT COMMISSION
The motion passed on a unanimous voice vote, Councilmember Clay absent.
AIRLINE LI SI I INC
9)
George Long, business manager, Airline Limousine Service, Inc., 1
Martin Avenue, Santa Clara, sad there had been no rate increase in
service since 1969. He had bought the service and since the.co any
prior to his purchase had not kept records he had no record of loss or
profit. But, in the last eight ths, _ he said, the cony had 'lost
smi
45,000 to $►50,0 0. 4e had apiied for the rate increase about four
months ago. If the City protested the rate increase there would be
another 90 -day delay, withresultant delay and possible closing of the
service. Airport Limousine of Sunnyvale was his nearest competitor.
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Vice Mayor Henderson said he had confused Airline Limousine Service with
the Airport bus service. He acknowledged that Mr. Long's figures gave
ample proof of need for the increase.
haphtali Knox, Director of Planning and Community Environment, added
there were two more private limousine services. Airport Limousine of
Sunnyvale presently charged $13 for the -ride fon Palo Alto to the
airport, the Airline Limousine Service charged $14 for Oat run.
MOTION: Councilrr ber Sher moved, seconded by Witherspoon, that Council
take no action on the matter. The motion passed on a unanimous voice
vote, Counci lmnember Clay absent.
UNIVERSITY AVE E +` HEM P CIFIC
Counci lmember Pletcher said she read put the matter of improving the
Southern Pacific Railroad Depot at University Avenue on the agenda to
show that there was some activity toward improvements. A staff level
advisory co ni ttee and a Palo Alto Citizens' Advisory Co mi ttee had been
set up. She was chairperson of the Citizens' Advisory Committee, under
the auspices of the Santa Clara County TrarsitOistrict. Some time ago
legislation had been enacted to fund a reconstrdctian project on that
property with the end of making bus transfer more feasible. She thought
the amount legislated had been for about $8O,000_ That had been part bf
a comprehensive transit bill in 1978. She said her committee had met
once and would meet again April 26, 7:30 p.m. in the Councilchamber.
Some analyses and recomendetions that the committee was currently
working on would be reviewed. She asked for evidence of interest on the
part of other Counci lrmembers .
Councilor Brenner said she thought improvements to make the SP depot
more comfortable for waiting would be worthwhile. The SP depot was
becoming a larger and larger transfer point between San Mateo and Santa
Clara counties' transit systems. She noted that the objective of the
study was to construct ".,.a major, inter-rodUlar transfer and transportation
center." She said that it perhaps had riot yet been decided that that
was the best place for a major transportation center. Some years ago a
switching area on that property had been eliminated. She had heard that
the number of buses going to that point might_be doubled. Since the SP
point would be end -of -run for buses, there eight be need for additeona1
automobile parking. She asked if California Avenue was not really the
center for employment and commuter needs. There was, with the University
Avenue SP station, impact on University Avenue and the Alma Circle, and
there would be more cars coming to such a main transfer point. She said
she did not want to slow down the idea of a more comfortable station;
she did. however, question viewing the -University Avenue SP depot even
ideal major transportations center. She favored California Avenue for
that.
Countilmember Fletcher agreed that statistics showed there would be mere
advantage to making ng California Avenue the major transportation point,
and there was more potential growth. The talks had progressed on the
base of the University Avenue depot before she had betook involved;
county staff had been involved in the legislation but not the committee
which she now chaired. Palo Alto had told county staff that It would' be
asking for better facilities at the -University SP depot. Counci 1u ember
f l etcher said that after her committee had made a decision on what
needed to be done at University Avenue it would get to work en the
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California Avenue depot as a possible major transportation point, where
workers at Industrial Park would find it mere convenient to transfer.
Councilmenher Eyerly said his immediate concern was that some pressure.
be brought to bear on SP to keep the University Avenue depot in better
repair; he had had two complaints about graffiti and broken windows
within the past month, at that location.
Councilmeiber Fletcher said that Mr. Hoguchi could perhaps respond to
CounciImember Eyerly in more detail than she had. It had come to her
attention that the transit center there drew hangers-on, who caused
vandalism and SP indicated it would like to shut the depot down because
it was unecono+ri ce 1 to sari nta i n .
Mr. Neguchtsaid some complaints about the SP underpass had been passed
on to the SP staff. and it would report back on April 19. As a result
of SP's request. one East Palo Alto run had been changed "...so as net
to interface with the depot Amen- this was as a result __e►f_SP's __ request.
However. I don't know if there was unanimity on the part of the technical
committee on that point."
Councilor Brenner ascertained that $80.000 had been set aside for
work toward a major transportation center at the University Avenue
SP depot. She agreed that the station should be maintained, "...and t
don't like to see SP taken off the hook in any way." She said that in
vier of the problems bus drivers said they had in going around the
circle at the SP turnabout, she wondered if it would be wise to put
twice as many buses there. She thought it would be good for Palo Alto's
Planning Commission to have something to say. on that.
Mr. Knox said that the Comprehensive Plan showed both downtown and
California Avenue SP depots had been shown as transportation terminals.
He added that the county was now constructing a transfer center at El
Camino and Page Mill were same SamTrans and some Santa Clara County
buses would both connect. There was also automobile parking. Therefore,
staff was dealing with three transfer points. The transportation load
should be distributed among them: downtown would attract pedestrian
with likelihood of bus -to -bus and train -to -bus transfer, rather than
car -to -bus -or -train transfer; a study was needed to determine the amount
of traffic at those places. "The whole point is to bring all of the
various transportation arms together in place were people can transfer
easily. That's one way that we can use transit."
Corncilme ber Sher said Mr. Knox's remarks about the transit natter
coming up for review with the Comprehens 1 ve Plan had allayed his fears
about the various p ssibf lities for an intermadal major transportation
center being foreclosed. Me thought it would be good for Cowell 1 to. ask
Councilmenber Fletcher to communicate Counci1's_concerns related to car
parking and the like.
Mayor Carey noted that the matter had been an information item, and no
Council action was needed.
Vice Mayor Henderson said Palo Alto had to approve the budget. for the . CORRECTED
South Bay Dischargers Authority by Wednesday or the project would stop. SEE PAGE
The budget itself was $1741000 and that figure should appear at. the top. 619.
of the budget page. The only expenditure would be S14,000 to keep the
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board going. For participating in the Bay Area Regional Waste Water
Project there was an expenditure of $25,000. Participation was a requirement
if there were to be any alternative to installation of the pipeline.
The figures the Councilmembers had before them on the South Bay Dischargers
Authority budget showed the kind of money that would be needed if the
project went forward. The $174,000 would be not only the expense, but
was also the balance in the fund.
MOTION: Vice Mayor Henderson moved, seconded by Fazzino, that Council
approve the South Bay Dischargers Authority 1979-80 Administrative
Budget.
Councilmeiber Witherspoon asked what would become of the "contingency
reserve" of $135,000 if the South Bay Dischargers Authority terminated.
Vice Mayor Henderson replied that major studies had been undertaken with
federal and state money but whatever the City had in the fund would be
returned. A hearing was being held in mid -Play at which time he hoped
the Auttiorite_would end withthedecision that the proposed pipeline
would not be installed.
MOTION PASSED: The motion that Council approve the South Bay Dischargers
Authority 1979-80 Administrative Budget passed on a unanimous voice
vote, Counci lmember Clay Asent.
RE UEST OF MAYOR CAREY RE
Mayor Carey said he was incensed about the ordinance, Section 2.2b.050(b),
requiring that owners of properties whose walls were going to be used
for public art be required to "...assureiistallatlon,..to protect the
work of art and to maintain it in good condition and to provide. for
'appropriate insurance and indemnification'." that seew d to him to be
outrageous.
Carieen Bedwell, Director of Social and Community Services, said the
Section in the Palo Alto Municipal Code was intended to set out general
guidelines for works of art before they were installed, such as outdoor
sculpture. The application with regard to murals could, the City Attorney
had told her, be applied with flexibility, and when provisions far
insurance and indemnification were not appropriate they could be waived.
She said she was now working on two mural- locations, and agreement with
the respective property owners made no provision for indeannification.
Stanford was not one of the property Owners, though, an earlier situation
with Stanford had provoked the section Mayor Carty alluded to. A Cr>m-
prehensive Education Training Act (CETA) artist was now part of the City
staff which fact activated the aural project again. One of the properties
contacted for a possible location had been Stanford -owned, at California
Avenue. A copy of the section had been sent to Stanford, without the
qualifications she had just state,l, and so Stanford had reacted negatively.
Now the election had been modified within the list three weeks.
Mayor Carey said that he thought Stanford would like to cooperate; why
had she not returned to them?
Ms. Bedwell said "I don't think -there's anything that prohibits our
going back to them. I can't speak for the staff directly involved but
that would surely be a possibility."
Mayor Carey he would think there was every reason to go back to Stanford.
Councilmember Witherspoon said that in view of the fact that the artist
was employed by the City and the work was to be a mural there was no
reason to insure tt. It was not the same as if it were a piece of
sculpture owned by a second party.
Mayor Carey said he questioned whether or not insurance en a mural could
even be obtained.
Councilmember Brenner asked if the subject ordinance was the one drawn
up to protect the artist's right to copyright.
Mr. Abram replied that this was not the ordinance. A copyright proviston
was included in each individual agreement for artwork which inured to
the benefit of the City.
Mayor Carey said the ordinance, which not all Ceuncilm rbers had, had
been introduced November 17, 1975, and had been passed Decenber 8 of
that year. by unanimous vote. The ordinance had been drafted by. the
Visual Arts Jury; it was about six pages long. Mayor Carey said that
...tucked away in the back of this ordinance there was a sub -paragraph
'Private Sites for Art in Pub1i Places'." He read that passage listing
'Private v V . J • ! Y.n
the strictures. Mayor Carey said that he had approved the ordinance. He
had thought the section applied to portable works of art; he did not
know how insurance, for example, could be applied to paint on a wall.
He thought that if the City wanted murals to be a part of public art it
would have to remove those requirements for insurance and the like.
11
Vice Mayor Henderson said he thought the matter should be cleared up
within the shortest time possible.
Mayor Carey said that since the artist and private sites were available
now the ordinance should be clarified now,
Councilmember Eyerly asked if murals were also included in the ordinance
that applied to public art.
Mr. Abrams replied that they were, The ordinance was being applied in
two recent agreements for mura t s ; there had been no requirement for
insurance or indemnification, as Mrs. 8edwell had indicated. Also there
was a i x tnth acceptance clause, which gave the property owner, &this
his
expense, the right to remove the work of art within that period. After
that six-month period there was' to be a three-year agreement that the
art remain in place.
MOTION: Councilmember Sher moved, seconded by Henderson, that Council
request the City Attorney to prepare an amendment to the ordinanc
exempting from the ordinance's ce's previsions those murals installed'‘.; the
City's request on private property, and report back for the April 23
meeting.
Counci lmem er Sher clarified that the exemption was to be frcm those
provisions of the ordinance that required insurance, indemnification and
the like.
The motion passed on a unanimous voice vote, Councilmember Clay absent,
Councilmember Witherspoon said she had received a letter from Mrs.
Gifford who was chairperson for the South Peninsula chapter of the San
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Francisco Opera Guild asking that those awkwardnesses in relation to the
autumn opera previews last fall did not reoccur in the coming fall. She
had detailed her anxieties in a letter to Council some months ago.
Counci lmonber Witherspoon asked for such assurance from Mrs, Bedwell,
and also the name of someone on the staff who Mrs. Gifford could use as
a contact person.
Mrs. Bedwell said she had received a letter from Mrs. Gifford that day
also and she was concerned that City facilities might not be available
on the dates which had been set by Mrs. Gifford, which, in spite of the
City's best efforts. could cause difficulties.
Councilor Witherspoon said she thought possible inconveniences would
be facilitated with one single staff member being.appointed to work with
Mrs. Gifford pr coordinating the event.
Counci'lmember Eyerly said that Mrs. Gifford had told him that it was
impossible to make reservations with theCity as far ahead as September
and__October.-She i,ad_beert o d_that_she_cou1 3_reserve_ov ly 90_dayc_a lead
of time. He asked that Mrs. Bedwell summarize for Council her department's
policy on reservations, and the like.
Mrs. Bedwell said she would have the information for Counciln ers'
packets next week,
COUNCILMEMBER SHER RE
POSITION STATEMENT
Councilmember Sher said that though he could not, during oralcommunications,
respond to Tony SpitaTeri of the Firefighters' union, he wanted to state
at this time that he was glad to have the written statement; he assured
Mr. Spitaleri that Councflmeembers would review it,
ORAL COMMUNICATIONS
None
J TO XECUT1VE SESSION
Council adjourned to Executive session re litigation and personnel
tatters at 8;30 p.m.
ADJOURIMENT
The Executive Session and the meeting adjourned at 11:00 p.m.
ATTEST:
aft.41 de,i1/4.44-t„
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