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HomeMy WebLinkAbout1978-03-13 City Council Summary MinutesCITY COUNCI L MINUTES Regular .Meeting March .13; 1978 CITY of PALO ALTO ITEM PAGE Announcement of Executive Session Minutes of January 23, 1978 and February 1, 1978 Oral Communications Don Layne, 2500 El Camino Real Alice F1schgrund, 750 Torreya Court Robert Castle, 730 Torreya Court Dr. Nancy Jewell Cross, 1902 Palo Alto Way Joe Begley, 201 Cowper Melvin Bernstein, 726 Loma Verde R.J. Debs, 3146 Flowers Lane David Jeong, 4056 Park Boulevard Nancy Newc r, 1015 Amarillo Consent Calendar - Referral items Greer Park Master Plan Approval --Referral to Planning Commission and Architectural Review Board 755 755 756 756 756 7E6 756 756 756 756 756 757 7 5 7 757 Consent Calendar - Action Items 7 5 7 Palo Alto Core rnity Child Care Ratification of Board Member Appointment 7 5 7 Laundromat Owners --Requirement to Post Nkrne Address, Phone 7 5 7 Award of Contract: Metropolitan Officials Association for Officiating at Softball des 7 5 7 Bran Developeents, Inc., and Webster Financial Corporation Fourth Amendment to Agreement for Sale of Power Parcels 7 5 7 Golf Course Improvement Project --Award of Co tructlon Contracts and Budget Amendment for Solar Energy Expenses 7 5 8 Continuation of Revision to Commercial Electric Rates to Include Power --Factor Clause 7 5 8 Retirement of Alfred E. iuchesl and David A. Gavin 7 5 6 Retirement of Danny L. Cabebe and Alex V. Antol1n 7 5 8 Policy and Procedures Committee Resoendations re Tree Houses 7.5 9 A Short Term Plan for Solid Waste Reduction for Palo Alto 7 6 0 Golf Course Improvement Project-eReduction of Golf Course Fees During Construction Period 7.6 1 Resolutioe Calling Special Election for June 6, 1978 and Report of City Clerk re Charter -Amendment to Provide for Compulsory Arbitration Adjournment to Executive Session Adjournment in Meessry of Miss LOCy Evans Funds For Legal Servos Adjournment to March 20, 1978 761 772 772' 772 772 Regular Meeting March 13, 1978 The City Council of the City of Palo Alto met on this date at 7:30 p.m. Mayor Sher presiding. PRESENT: Brenner, Carey, Clay, Eyerly, Fazzino, Fletcher Sher, Witherspoon ABSENT: Henderson ANNOUNCEMENT OF EXECUTIVE SESSION Mayor Sher said "a rather lengthy" executive session, lastirg perhaps an hour, would take place at some time during the evening, when Council reached an appropriate place on the agenda. MINUTES OF JANUARY 23 , 1978 MOTION: Councilmember Fazzino ,moved, seconded by Fletcher, that the minutes of January 23 be approved by Council. The motion passed on a unanimous vote, Counvi lm ,ter Henderson absent. MINUTES OF FEBRUARY 1, 1978 Counciimember Carey asked that on page 589, fifth paragraph, seventh line, read instead, "He thought the trip -ends dovetailed better,,.." Councf:m er Witherspoon asked that the first line of the last paragraph on page 572 read instead, "Councilmemer Witherspoon asked Mr. Knox to explain...,'; page 574, fourth paragraph, the sentence beginning'an-the 12th line be deleted; the 14th line read instead, "...the subject of hobby kennels in the R -S zone.", the 20th line in that same paragraph read instead, ...one could not also have an appropriate number of ". PP -T dogs."; 22nd line to read instead, "...sire would like to ask the City Attorney what is meant by the term "commercial purposes." Councilor Witherspoon asked that on page 575, fourth paragraph, the second line read instead, "...unless you want to require a condixionel use permit. % sixth paragraph to read "Courici l eber Witherspoon said thaat would be fine as long as it is understood that the Zoning Ordinance allows for licensing. of, as Mr. Green says, special` conditions, kennels. whatever, in these three zones. They are not precluded now except in the language on page 39 --if it is a commercial purpose in an RE zone. Mr. Green didn't believe kennels are a permitted use in the OS zones." She asked that on page 580, the sentence 'Wasn't Mr. Green mentioning that?" be deleted. On page 588 she asked that the second . paragraph read instead. Counci lms er Witherspoon said as far as she could tell the only place in town where a boarding kennel is allowed is in the Manufacturing District, and if that is so. which she agreed with, why is it not allowed in the Induetrial District." On page 590, she asked that the second paragraph reed instead, "Council or Witherspoon said her earlier point was that the only place in town where a boarding kennel is allowed with a Conditional Use Permit is in the Manufacturing Zone but she asked if there was any reason why it was not also al l owed in the light industrie. zones as a Conditional Use. On page 590 she asked that in the fourth paragraph! the second sentence read .As she remembered they had had a number of coopiaints from residcnti living next to the L M zone, some of which look quite familiar in this list of forbidden nuisances." 7-5 5 3/13/78 Vice Mayor Brenner asked that on page 588, ninth paragraph, the last sentence read instead "She said that as an accessory use to a permitted use they are acceptable, out as a conditional use, she questioned that." MOTION: Councilmesnber Fletcher moved, seconded by Witherspoon, that the minutes of February 1, 1978, be approved as corrected. The motion passed on a unanimous vote, Councilmember Henderson absent. �ORAL COMMUNICATIONS 1. Don Layne, 2500 El Camino Real, Attorney for Century Liquor Store, at the corner of Lonna Verde and Middlefield, owner, Mr. Robert Cavaliero. Mr. Layne said he understood that people owning properties which were subject to amortization under the new zoning ordinance would not have the benefit of the Carey amendment. Mr. tone said, "We feel that that's unfair," because some non-confor irg uses went back fifteen years and more. Such owners should be given the same opportunity as those people whose uses would be declared nonconform- ing by the enactment of the new zoning ordinance. 2. Alice Fischgrund, 750 Torreyo Court, appeared before Council on behalf of several of her neighbors, who were. inn the Councilchambers, and who lived in the Los Arboles district near Lary Verde and Middlefield. She spoke of their wish that the few retaining factories left on Loma Verde Avenue be amortized as initially planned. She felt the area should be wholly residential. 3. Robert Castle, 730 Torreya Court, endorsed the views expressed by Ms. Fischgrsrnd. He and his neighbors "would be very unhappy" if the plans to amortize manuf0. tuning in that area were abrogated. 4. Dr. Nancy Jewell Cross, representative for Committee for Safe and Sensible San Francisquito Creek Routing, said she represented the above -named organization "and some other persons," in a suit filed in the United States District Court "versus the City of Palo Alto." She said the filing was a class action suit on behalf of herself and others asking for an Environmental Impact Report on the Sand Hill Road (formerly Willow Road project.) 5. Joe Begley, 201 Cowper, said he jogged across the Menlo Park; Palo Alto pedestrian bridge regularly, and only two of the eleven lights that were supposed to illuminate the bridge were lit. 6. Melvin Bernstein. 726 Loma Verde, added his voice to the concerns over possible abrogation of the amortization plans for the manufac- turing in the Loan Verde/Middlefield area, for sometimes residents in the area were kept awake "until three o'clock in the morning with screaming machines going..." 7. R. J. Debs, 3145 Flowers Lane, referred to a report in the Palo Alto Timers on February 28 eeyi ng Councilmembers had made an attempt to place non -conforming uses presently under amortization, w4er the Carey ail tm- i t was defeated on a tie vote. He was concerned that a promise made in 1968 to amortize out industrial/commercial property inherited from the tor;nty ,eight be broken, and said he and others_ would be watching this very closely. 8. David Jest, 4056 Park Boulevard, empha: ized how distressing to all involved a change in amortization plans would be. 756 3/13/78 1' 4. 9. Nancy Newcomer, 1015 Amarillo, spoke as a board member of the West Baysoore Residents Association. She said she heartily approved the referral of Greer Park master plan to the.Planning Commission for approval. She named Scott Catlett and Allen Longacre as being helpful staff members during a recent meeting of the Association. CONSENT CALENDAR Mayor Sher read the matters on the Consent Calendar. Councilor Carey asked that the item concerning a Special Election for June 6, 1978, be removed for further discussion. Councilmember Eyerly asked that the matters concerning Golf Course Improvement --reduced fees, and Solid Waste Reduction, be removed for further discussion. The following items remained on the Consent Calendar: Referral Items GREER PARK MASTER PLAN APPROVAL-- RVERWTUTEMINTTURRTSTIWAND Referral of the Greer Park Piaster Plan approval to the Planning Co nissicn and Architectural Revicw Board. Action Items PALO ALTO COMMUNITY CHILD CARE POINTMENT The City Council ratifies the appointment of Ida M. Cousino, 412 Pepper Street, Palo Alto, to the Board of Directors of the Palo Alto Community Child Care LA'.JNDROMAT OWNERS -RE UIREMENT ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING SECTION 4.04.210 TO THE PALO ALTO MUNICIPAL CODE TO REQUIRE POS T I NG OF NAME, ADDRESS AND TELEPHONE NUMBER OF LAUNDROMAT HERS (First reading) AWARD OF CONTRACT: METROPOLITAN ITNTMESIETOLIMIrTIVWFMTAT Staff reds that the City Council authorize the Mayor to execute the contract with the Metropolitan Officials Association for the 1978 Softball Season. CONTRACT —SERVICES FOR OFFICIATING AT SOFTBALL GAMES - Metropolitan Officials Association BRANCO DEVELOPMENTS I INC. I AND :177:8) AMENDMENT NO. 4 TO CONTRACT NO. 3803 AGREEMENT FOR SALE OF REAL PROPERTY -- POWER PARCELS Brame Oevelomentst Inc., and Webster Financial Corporaticm 751 . 3/13/78 1 1 GOLF COURSE IMPROVEMENT PROJECT --AWARD VreIVISTMITMLINTIMTMTIIMItrr )MEr1Q Ar ralt sULAR ENERGY t ENSE5 (CMR:185:8) The Golf Course Corporation met at 7:15 p.m., Monday, March 13, 1978, and awarded the bond sale to Goldrran, Sachs & Company. With the sale of the bonds, awarding of construction contracts can proceed. ORDINANCE NO. 3t43 entitled "ORDINANCE OF TOE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1977-78 TO PROVIDE -FUNDS FOR SOLAR ENERGY EQUIPMENT IN THE NEW GOLF COURSE CLUB HOUSE." MOTION: Councilmenber Witherspoon moved, seconded by Carey, that Council approve the contract, and approve the ordinance and amendments, of the Consent Calendar by a unanimous vote, Councilmember Henderson absent. CONTINUATION OF REVISION TO MNIFLTerrtrttlITCTXTEr- tU ALLUDE PUW04-FACT ! I .AJSE MOTION: Mayor Sher moved, seconded by Carey, that the matter referring to Commercial Electric Rates be moved forwarded on the calendar. The motion passed on a unanimous vote, Councilmen her Henderson absent. MOTION: Mayor Sher moved, seconded by Carey, that the matter referring to Commercial Electric Rates be continued to a time when staff had been able to gather more data. The motion passed on a unanimous vote, Council - member Henderson absent. RETIREMENT OF ALFRED E. LUCHESI (CMR:136:8) Alfred E. Luchesi was employed by the City as a Motorized Equipment Mechanic in 1963, and he worked on a wide variety of vehicles, from motor scooters to heavy construction equipment. During the last four years Al had been responsible for maintenance and repair of all Police Vehicles, and his efficiency was largely responsible for a high availability ratio of patrol units. RESOLUTION NO. 5524 entitled "RESOLUTION OF THE iirrirrilY OF PALO ALTO EXPRESSING APPRECIATION TO ALFRED E. LUCHESI UPON HIS RETIREMENT" RETIREMENT OF DAVID A. 1AYINO (CMR :138:8 ) David was in the United States Army for about 23 years before he started as a Groundskeeper in the Parks Department, One of his first assignmeats was maintenance of the islands of Oregon Avenue landscaping. In 1965 David transferred to the Streets section as a Street Sweeper Operator, and mined there until his retirement. He enjoys playing bingo and he will also be travelling to Hawaii and the Philippine Islands. RESOLUTION NO. 5525 entitled "RESOLUTION OF THE muourr-wlinlroF PAL : ALTO EXPRESSO APPRECIATIONTO DAVID A. DAMN°. UPON HIS RET I RETIE iT" 7 58 3/13/78 1 RETIREMENT OF DANNY L. CABE&E (CMR:134:8) Danny L. Cabebe worked for 14 years as a goundskeeper at the golf course and also with the Parks tree section. He also worked as a leaf truck operator and making large street sweeper brooms. He enjoys playing Keno in Nevada. One week after his retirement he vacationed in the Philippines for one month. RESOLUTION NO. 5526 entitled 'RESOLUTION OFTHE COUN?IL Or THt CITY OF PALO ALTO EXPRESSING APPRECIATION TO DANNY L. CABEBE UPON HIS RETIREMENT" RETIREMENT OF ALEX V. ANTOLIN (CMR:135:8). Alex retired after 19 years of service with the City of Palo Alto. His work life was spent at the golf course maintenance. He performed all tasks well; he was seldom sick and could be counted on to perform his duties. He will continue to fish his favorite spots after visiting his father, who is 102 years old, in the Philippines. RESOL ION NO. 5527 entitled "RESOLUTIONi OF THE UN1L OF THEITY OF PALO ALTO EXPRESSING APPRECIATIO i TO ALEX V. ANTOLIN UPON HIS RETIREMENT" Mayor Sher acertained that none of those who were to receive resolutions were in the Councilchamber^s. MOTION: Councilmember Fazzino moved: seconded by Clay, that Council approve the resolutions issued on the occesion of several retirements. The motion passed on a unanimous vote, Councilmember Henderson absent. POLICY AND PROCEDURES COMMITTEE on n MOTION: Vice Mayor Brenner, as Chairwoman of the Policy and Procedures Committee, reported that the Committee, by a vote: of three in favor, one opposed, recommended that staff be directed to review the various alteratives and advise Council of the simplest procedure for parties wishing to build tree houses to follow, which would assure some guarantee of safety and privacy and consideration of neighbors. Councilmember Fazzino said he did not think safety, as such, relating to tree houses, was s matter for governmental consideration, but he would support the re ndation. Couoci member Eyerly asked if the problem had arisen because of complaint; what had the City done in the past? Charles E. 'Walker, Acting City Manager, said that the issue had come before Council because the tree house was in a tree on the grounds of an applicant for licensing to be a participant in the Palo Alto Community Child Care (PACCC) program; the tree house did not meet building code. Past experience with tree rases had been doe to _ compl a i iits ablaut loss of privacy or nuisance. The only current remedy MS to tear dom the tree house. In this case, he said, the City Attorney would have to draft an ordinance making an exception, or the PACCC contract could be amended. What effect such an amendment eight have so far as the City's liability was ceancerned was not known. 759 3/13/78 c rr Councii r Eyerly observed that in the absence of an ordinance it might be easiest to handle such a natter on a complaint basis. He would support the Policy and Procedures Committee motion, out he did 'not think staff could do much. Councilmember Clay said he had opposed the recommendation in Committee: he preferred excluding tree houses, from the Municipal code. He wanted to see young people be able to build such structures without having to obtain permits. He would oppose the motion. MOTION PASSED: The motion to approve the Policy and Procedures Committee recommendation and ask staff to Peview alternatives on a simple procedure to permit the building of tree houses passed on the following vote: AYES: Bremner, Eyerly, Fazzino, Fletcher, Sher, Witherspoon IDES: Carey, Clay ABSENT: Henderson A SHORT TERti PLAN FOR SOLID WASTE Ottei FealPALD Alit (1 :157:8 ) MOTION: Vice Mayor Brenner, on behalf of the Policy and Procedures Committee, on a unanimous vote with Councilor Clay absent, recommends that Council direct staff to 1) implement a pilot six-month household collection program in one neighborhood in Palo Alto; 2) implement a pilot six-month depot collection prograT consisting of two portable depots to be established in separate sections of Palo Alto; 3) establish a Solid Waste Reduction Advisory Committee in accordance with Appendix F of C :100:8; 4) continue study and report to Council on areas not directly covered by the proposed programs (i. e., composting, and commercial and industrial waste reduction); and , approve a budget amendment ordinance in the amount of $15,12O.00 for the two pilot programs: ORDINANCE 3046 entitled "ORDINANCE OF THE COUNCIL b PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1977-78 TO PROVIDE FUNDS FOR EXPANDING THE ROLE OF THE RECYCLING CENTER AND TO IMPLEMEN€. A PILOT S I X4iTHOUSEHOLD CENTER AND TO I MPiEPflT A PILOT SIX-MONTH HOUSED COLLECTION PROGRAM IN A SINGLE PALO ALTO NE I D. " Cowcilmember Eyerly observed that the proposed pilot program was to have been paid by collection fees; he asked for comments from,the staff about the unappropriated bel ance which Mr. Pa loski , Director of Public Works, had said was in the refuse collection fund. What would be the cost of the program for the entire City? We. Walker explained that the money for the appropriation would be fro refuse fees. Staff favored the use of those funds in that way on the assumption that befits from the programs would be citywide. There were over $100,000 in the refuse fund. Bob Menelaus of the Utilities Department, said that the three separate proposed pilots would be paid for by the $15)000 appropriation. The neighborhood in which it was proposed to have the program constituted about o fouth of the entire City. 760 3/13/78 Councilmember Eyerly asked if the cost for City-wide service would be four times the $15,000. Mr. Wenzlau replied that staff had decided to do a pilot program since the cost of such a program could not be determined in advance. Tentatively, he thought the cost would depend on the degree of citizen participation -- the higher the percentage of participation, the less the cost. The proposed program offered home and depot collection convenience. John Miller, 3736 Cass Way, said the Barron Park Association supported recycling materials; the proposed program seemed to offer a way to extend the life of the Palo Alto garbage dump. The project would show how much effort Palo Altans were willing to make toward recycling; if it were successful SAM consideration could be given to setting up a non- profit agency. MOTION PASSED: The motion that Council adopt a program for short-term solid waste reduction, as a pilot program, passed on a unanimous vote, Councilm er Henderson absent. GOLF COURSE IMPROVEMENT PROJECT-- inerrtvrtyruncrrwrrwrai— .. > t i+w: 1 BO : 8 ) Ccunci lmember Eyerly com rented that the cut in fees for golf course use for residents was only 20 to 23 percent, whereas the cut for non- residents was about 45 percent. Would staff give their rationale for those proposed fees? Ken Schreiber, Assistant Planning Director, said the proposed fee schedule had been in effect until July, 1976, before an increase for won -residents had been made. Coun_rilmember Eyerly said that the proposed fees changed Counci','s policy and that a higher charge had been made for iron -residents because. the course was o erplayed. Mr. Walker, Acting City Manager, said that one element in the choice had been understandability for patrons; most of them had been familiar with the pre -1976 fees. The proposed fee schedule before Council was to take effect immediately and extend about six months only; staff would return to Council to reinstate the customary fee schedules and that was estimated roughly to be about October 1. Construction would be underway in a week or so, consistent with the schedule. MOT ION :. Councilmember Carey introduced the fol l owi ng resolution and, seconded by fetcher, moved its adoption by Council: RESOLUTION 5522 entitled "RESOLUTION OF THE COUNCIL OF THE CM OF PALO ALTO AMENDING RESOLUTION 5233 TO REDUCE GOLF MIME COURSE GREEN FEES,' MOTION PASSED: The motion to adopt the resolution passed on a unanimous vote Councilor Henderson absent. RESOLUTION CALLING SPECIAL ELECTION iffiD 1 tutu OF CI I Y CLERK; RE CHARTER Mayor Sher suggested that Council combine the netters of special election and compulsory arbitration for purposes of CoWil discussion. 761 3/13/78 i Councilmember Carey said he felt the mattee of the epeciel election should he discussed first, so that it would be known if the pro and con arguments regarding the special election could be prepared for filing with the City Clerk's office by March 28. Mayor Sher said he felt the matters could be combined; as motions were made it would lead to eventual separation --neither subject preceded the other. A March 9 staff recommendation had been that an impartial analysis should be prepared along with a recommendation that the Acting City Manager prepare a written argument to receive Council signature, the argument to oppose compulsory arbitration measures. There was the question of whether or not Council should take a position, and what that position .hour be. Mr. Alan C. Davis, Attorney, representing the Peace Officers' Association, and the Fire Fighters' Union, had requested an opportunity to address Council on both matters. Mayor Sher reminded Councilmembers that a few months back Council had decided that individual presentations on the topic to separate Councilmembers were not to be made. At the present time enough signatures had been collected, and the petition had qualified, and Mr. Davis wanted to make a presentation on the position he thought the facts would lead Council to take. Perhaps) at the appropriate time Mr. Davis could be given 15 minutes to address Council. Mayor Sher asked if any Councilmembers objected to that, and if so, to indicate such objection so that the "ground rules" would be straight. Mayor Sher received no objections and he. indicated that Mr. Davis would speak later that evening to Council. A February staff report provided an analysis of the compulsory arbitration charter amendment. William Seethaler, 459 Homer Avenue, spoke as President of the Palo Alto Chamber of Commerce, arid read to Council the letter his organization had written on the topic of amending the Palo Alto City Charter to establish compulsory binding arbitration for Police and Fire personnel: "In the best interests of our coemunity wo ask Council to unanimously state disapproval of the initiative proposal which seeks Do amend the City Charter to establish compulsory binding arbitration for police and firefighter labor c retract negotiations. Compulsory arbitration .to resolve bargaining impasses can be important in certain labor relations situations. It is particularly effective when either the employer or the employee enjoys an unfair bargaining advantage. This condition does not exist in Palo Alto. The specific wording of the amendment being proposed would shift the current parity.' Salaries and benefits, as you know, comprise about three-quarters of Palo Alto's general fund budget. The law places the responsibility to determine and allocate annual expenditures with the City Council. Sy their ballots, the citizens of Palo Alto hold you accountable for your decisions. This proposed aunt transfers your authority to non -elected negotiators. . .and effectively moves major budget considerations frog the voting process. No benefits, real or imagined, can justify this sacrifice of Council authority. We share many of the concerns expressed in t e City Staff Report dated February 23. Experience in neighboring communities discloses lengthy, expensive arbitration proceedings wherever it has been mandated by such laws. In other stns, records indicate inflated salaries have resulted from this feria binding arbitration. Contrary to general opinion, arbitration doesn't alwaysprevent strikes by public safety employees either. T62 3/13/78 The amendment's "last best offer" clause is diametrically opposed to the spirit of negotiation. . .which is to compromise with reason. Selection of one offer over another, with no alternatiie to mediate, is unreasonable and NOT negotiating. Palo Alto is indeed fortunate to have outstanding police and fire departments. The present compensation package attests to this fact, Salaries and benefits, taken together, are near the top of the Bay Area scale. Away from the bargaining table, the police and firefighter unions have utilized political tactics to make their views known. That is the democratic way. Adding binding arbitration to this political leverage would cause a dangerous shift in the delicate balance of negotiating power now established. We urge the Council to express its unanimous opposition to this initiative proposition through exercise of your option to become signators to the statement prepared in opposition to the initiative which will appear in the voter's pamphlet. (signed) William C. Seethaler, president, 1977.76„ Alan C. Davis, 3370 St. Michael Drive, attorney for Fire Fighters and Police Officers' Coalition, which coalition had been formed for the purposes of drawing up the initiative now before Council. "Interest arbitration," he said, was in effect in 27 states in the nation --a measure passed in 1977 in Nevada was identical to that before Council. The terms underlying the phrase "last best offer" were agreed to "almost universally" in those states which 1:ad binding arbitration. He cited Vallejo, Hayward, and Oakland as among some California cities which had enacted such an initiative, and he gave the circumstances and years of such votes. The history, he said, emphasized the impact that the kind of legislation embodied in the proposed initiative, had in the voters of those cities. A 1977 Mervin Field poll showed that 70 percent of California voters approved of binding arbitration. Last week, he said, the San Francisco Board of Supervisors had approved a measure on binding legislation on a 4-6 vote --a measure almost identical to that proposed to the City of Palo Alto. The Santa Clara County Board of Supervisors had approved the concept on a 4-1 vote in 1976. The public itself," he said, "is recognizing that this is the kind of concept which, in fact, needs to be injected into the collective bargaining process in lieu of strikes, particularly in the public sector." The public, he said, could accept the fact that strikes were unlawful, and rather than firing SOO men a system of impartial arbitration should be adopted. The initiative contained a system for collective bargaining like that in force in Palo Alto at the present time --the scope of representation was not changed, and was identical to that provided by state law. A District Court of Appeals decision in the City of Dublin case, and a Supreme Court decision in Vallejo and also a City of Pleasanton case provided that no more representation than was legal would occur. A staff report had suggested there was already in Palo Alto a eystem of flexible negotiations --that was not true, Mr. Davis seid, for reme'diation could be requested by either party, whereas with the initiative both parties had to request. Non -binding fact-finding, now an alternative in Palo Alto, had to be agreed to i`y both sides. Each time a request had been males, After an impasse ha, occurred, Palo Alto .staff had rejected non -binding fact- finding. tom. Davis said that was contrary to the statement given Councilmembers in the staff memo. He stated Palo Alto had an inflexible system, not involvingthe public at all. He thought the system should be brought into public view. Philosophically the Council should have authority, but in binding arbitration there was impartial arbitration, In practise there had been little open discussion of saliva or benefits regarding City staff, under Meyers-Mi l has -Bryn, which showed that Council did not 7 63 3/13/78 1 1 have input. Ninety percent of the contract negotiations dealt with language issues, which meant a Board of Arbitration was needed. Money issues were not the real concern. Mr. Davis asked that Council consider "interest arbitration" as a matter to be presented to the voters in a Council study session. Dialog was needed between the public and the staff of the City of Palo Alto. Council, on this measure, was representative for the people. A trade-off for strikes had to be arrived at: binding arbitration provided that means. If Council did not have a study session he asked that it remain neutral and let the voters themselves decide. Councilmember Carey referred to Mr. Davis'r remark that binding arbitration was a trade-off for strikes; he asked to have it explained. Mr. Davis said that the Charter Amendment measure now before Council provides that in the event of a strike or work stoppage, participants must be terminated; those terminated could not be rehired. That was not a state law. In place of the present system the proposed charter measure would provide impartial arbitration of disputes that arise. The trade- off them, was quid pro quo. Councilmember Carey asked if, under the present law, the City had the right to fire. Mr. Davis replied that the City had the right to fire subject to Skelly Hearings and the right to fire if just cause has been shown, He said that in the past, at the conclusion of strikes such as those in Vallejo and San Diego, acesty had been worked out between the City Councils and the striking organizations! for the reinstatement of those employees to their former positions. No firing had occurred in Palo Alto during the State Employees International Union (SFIU) strike. The proposed Charter amendment stated that the City Council did not have the right to re -hire at the conclusion of any work stoppage. Therefore there could be no work stoppage nor rewarding of those people who had stopped work. In exchange for that, there was the system of winding arbitration. Councilmember Carey asked if it were not true that experience has shown that binding arbitration did not stop strikes. Mr. Davis replied with an unqualified "no". An analysis of a police strike in Michigan showed that the reason for those strikes was that the City was refusing to honor the binding arbitration. Councilmember Carey concluded that strikes, then, had occurred, irrespective of the reason. Mr-. Davis said that Councilmember Carey's conclusion demonstrated how an in-depth study of the subject was needed. He said impartial arbitration had worked in every instance in which it had been adopted. Councilor Carey referred to the City's present system of non -binding fact finding, which oste'nsib'ly was adopted so that the public could know what was taking place, and he placed it alongside the proposed binding arbitration,'which also, it ,was said, would permit the public to know: he asked what difference it made whether or not the public knews for the arbitrator would make the decision based on the offer on thetable. Mr. Davis said that as a citizen he *would bt: most interested in knowing what, in fact, was presented to the panel of arbitrators." I` he thought the Board of Arbitrators had clearly beet. wrong, he would do something about it in the following election. In Oakland one agreement had provided for a maintenance in manpower, but two years later it had provided for a_ reduction in manpuwer. Council had been tole that the salaries had been taken out of parity and that Fire Fighters in Oakland had received more, and that was not correct. Cauncilmember Carey asked about the last best offer." Mr. Davis had said that cities generally favored that approach since it did not take away the cities' power to handle the budget and the cost of operation, as was the case with binding arbitration. Councilmember Carey said he did not see how a city maintained its power over the budget because the arbitrator had to pick one of two awards, and could not compromise what wcs on the table. In that cast how could a city retain power over the budget? Mr. Davis replied that under so-called traditional arbitration, both sides were less inclined to come in with their best offer, for both sides knew arbitrators had a history of some issues of compromise. Therefore, if Fire Fighters came in with a proposal of 15 percent, and the City proposed 1 percent, there would be little compulsion for both sides to reach an agreement. "Last best offer" changed that in that it sets up a system so that when the parties did come in with their last best offer, it would be the most reasonable and capable of substantiation by statistics to support the offer, which in turn exerted pressure upon the arbitrator and prevented him from making offers which could not be substantiated. Councii ber Carey said that the spread of 15 to 1 percent in arbitration, as given in Mr. Davis's hypothetical case, had never existed in Palo Alto. Hr. Davis said that in some of the cases he had seen in other cities both sides had shown refusal to move, though he had not seen all cases. Councilme nber Carey said Palo Alto could not be equated with a city in Michigan that Mr. Davis had referred to earlier; Palo Alto had never offered as low a figure as 1 percent. Mr. Davis said he thought he could research and find years where Palo Alto had offered as low as 2 percent. Tony Spitaleri, President of the Fire Fighters Union of the City of Palo Alto, spoke to remind some Councilmembers who had run for office in thr. past year that they had said they would support binding arbitration. He hoped that support would now be forthcoming. Don Surath, 1930 Ivy Lane, said that if the Jarvis -Gann or Behr bills passed, finding meney for police and fire protection would become more and more in rr-tant, making pressure to reach agreement become greater. He thought binding arbitration would insure proper protection of the City. Frank Fiala, Fire Fighter, and executive board member of the local Fire Fighter's union, said he had gone through three negotiations in the past. He did not know of non -binding fact-finding having been available in those past negotiations, for he recalled some option other than mediation having been requested. He thought his union had requested other forms of mediation at least twice, and none had been granted --the City chose not to discuss it. That had prompted the police and fire per:onre1 to gather signatures and put it on the ballot o*�c end for all. Ja4y Rounds, Personnel Director, said he had noted nine errors in Mr. Davis's presentation to Council. One example of an error was Mr. Davis's assertion was that the proposed amendment to the charter provides "pic- hibition against strikes" and instead the aimendisent said it prnvides "sanctions against strikers," to the effect that in the event they do strike or withhold their services they may not be reinstated for City employment. The petition said on page It "Said employee ;hail be dismissed from his or her employment and may not be reinstated or return to City employment except as a new e+rrployee.° Mr. Rounds said the Mr. Davis's 755 A/13/78 skill as an attorney would permit him to use his advantage in a court of law the statement that an employee could be re -hired, as a new employee. There were other mistakes which he would not take the time to recount. He referred to a statement made by Mr. Fiala about the position of the City with the current impasse resolution provision for a variety of impasse resolution mechanisms. He said that he would not say that any of those mechanisms had been used, though they had been asked for; the City took the position that it would not agree to the utilization of those particular modes of resolution. In one situation recently one of the Fire Fighters wrote a letter to the Council at the very beginning of negotiations, asking that binding arbitration or some kind of third -party mechanism be instituted, even in advance of negotiations. City management, he said, had received direction from the City Council on that matter, saying that the Council did not wish to enter into an impasse resolution mechanism that would go beyond mediation. That did not mean that at some other time, under different circumstances, that option was not open, for it was always open, and it bore on the relative compensation plan that was enjoyed by the particular union or group of employees. If it was an attractive package the Council would not authorize staff to go to binding arbitration. If a serious situation were to occur, different direction could be given. The staff report said that the present system was flexible --the flexibility had not been fully utilized yet. He did not know of a police or fire group in the City threatening to strike --he doubted that they would resort to that tacti, in the future --the City would take a reasonable stance at the negotiating table as it hod in the past, thereby maintaining the favorable salary and benefits sucn employees had had for rreny years. Mayor Sher outlined to Councilmembers the three matters before them: placement of the issue on the ballot; request to the City Attorney to prepare an impartial analysis; the question of written argument and rebuttal for the voters' manual on the compulsory arbitration measure. Councilmember Carey remarked on the silence of his colleagues on the volatile issue. He thought it would be hotly debated in months to come. Reasons for his opposition to adopting binding arbitration would disclose themselves, he thought, to those who read the proposed charter amendment before they voted; one reason being that arbitrators must consider such factors as the Consumers Price Index for cost -of -living increases. He thought it not adequate as a guidance measure, for it did not reflect the ability of the City to pay such increases. He cited increases given recently in Oakland, based on the CIS', though that city was in financial straits. He offered to write the ballot argument opposing the initiative with those of his colleagues who agreed with his argument, as signatories. Mayor Sher confirmed with City Attorney Booth that veers of the legislature, Ceuncilmembers in this case, had first choice on,. ^itiing arguments pro or con for the ballot, either as a body or individually. There had to be five signatories. MOTION: Councilmember Carey introduced the following resolution and, seconded by Brenner, moved its adoption by Council, with direction that the direct ballot arguments be submitted to the City Clerk, by March 28, and rebuttals by April 7, and that the City Attorney be directed to wake an impartial analysis. RESOLUTION NO. 5523 entitled °RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUBMITTING TO THE ELECTORATE OF THE CITY OF PALO ALTO AT A SPECIAL ELECTION TO BE HELD JUNE 6, 1978, A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY Of PALO ALTO TO ADO A NFW ARTICLE y.s COMPULSORY ARBITRATION OF FIRE AND POLICE DEPARTMENT EMPLOYEE DISPUTES AND REQUESTING THE BOARD OF SUPERVISORS TO CONSOLIDATE SAID ELECTION WITH THE DIRECT PRIMARY ELECTION TO BE HELD JUNE 6, 1971 ' 766 3/13i0 r r Coucnilmember Witherspoon asked if there were an option on the date for putting the initiative on the ballot; after June it would be known whether or not the Jarvis -Gann bill had passed, Mayor Sher said the June 6 date would coincide with a vote on another proposed charter amendment to be taken that day. Councilmember Carey said the vote on the arbitration matter would be concurrent, on the same day, with the vote on the Jarvis -Gann initiative. Councilmember Eyerly said he had felt verbally spanked by Mr. Davis -- he asked if staff agreed that the City of Palo Alto was in bad repute with the Police and Fire Departments. What was the lowest pay a Fire Fighter and a Policeman with the City received; also, what percentage roughly, of those employees lived in Palo Alto? Mr, Rounds replied that a policeman at the top step made $1553 per month, with entry level at $I388 --roost police were closer to top scale, for progression occurred in about a three-year period. Councilmember Eyerly asked for some figures on the benefit package, Mr. Rounds answered that retirement costs were the secoxrd largest chunk of total compensation for Police and Fire personnel --about 24 percent of payroll. Six percent of funds allocated to those departments went for medical and dental benefits, so there were about 40 percent benefits as a percentage of base pay. Not many professions or occupations paid that level of benefits relative to that amount of compensation. Fire Fighters received $1264 at the first step, with the top step at $1580. That pay scale was third in the Bay Area, and behind Oakland and Richmond and ahead of Santa Clara, Alameda, San Leandro, Mountain View. There would be more detailed figures available soon, h, a result of a recent survey. So far as City residence was conceened, less than 50 percent and more than 25 percent lived in Palo Alto --he did not have exact figures, Councilmember Eyerly said he then assumed salaries with the new contract would range from $16,500 to $18,000, with a benefit package of $6,400 to $7,200 to be added. He concluded the wage scale more than fair. He said that perhaps the City had offered as low as 2 percent before there was any inflation. He pointed out that those employees who were non - Palo Alto residents weregnot concerned with Palo Kato taxes. Though he did not mind the issue beiagon the ballot, he would not himself vote for it. He hoped the public was further informed. From the information he had elicited that evening. Palo Alto's pay scale was fair, and not as a result of having had the stringency of binding arbitration. MOTION PASSED: The motion that Council adopt the resolution, along with direction that the direct ballot arguments be in by March 28, and rebuttals by Agri l 7, and that the City Attorney be directed to make an impartial analysis of the issue, passed on a unanimous vote, Councilmember Henderson absent. Mayor Sher recalled that Counc i lmembers Carey and Witherspoon had indicated they would be signatories on the negative side of the binding arbitration initiative. Corrected see page 857 Councilor Fazzlno said he thought it would be well if each Council - member would give his position regarding binding arbitration; he hoped they would go on record as opposing it, though, because of prior state- ments, some might feel uncomfortable doing so. The basic negative point of the initiative was that it subverted the Council's right to manage. He thought it "one of the most dangerous ever to appear before Palo Alto voters." A broad coalition was already developing to oppose. 76x7 3/13/78 the issue., Both Mr. Rounds' and Ccuncilmember Carey's statements had covered the specific objections. Only if the voters themselves approved the principle of binding arbitration would he be prepared to relinquish Council's right to manage in the instance of pey negotiations. Mr. Rounds said he had learned that binding arbitration had been adopted in Oakland, and during the period leading up to the election, Oakland's City Council had taken no position, and none of the city's management had made any attempt to get any information to the voters. He anticipated that Palo Alto Fire and Police personnel would be effective in telling their sides of the story; both sides should tell their reasons for favor- ing or opposing, so that decisions could be based on that information. Mayor Sher said that he agreed with much or what Councilmember Fazzino had said regarding binding arbitration. He thought the City should not spend City funds trying to further or defeat any measure, though it was important to Councilmembers to state their own views. He himself was against compulsory arbitration; he thought the City should be able to make judgments, and decide on trade-offsrelative to what it .could afford to pay in salaries and benefits. He favored arbitration in the private sector, but in the public sector the City should be able to decide whether or not the essentiality of services should determine what taxes were assessed. Contrary to Mr. Davis's assertion that language was the main issue in arbitration, he had found it was money that was the main issue. Vce Mayor Brenner said the proposed charter amendment undermines{ the authority of the Council. That issue would now go to the voters, and it was a major labor relations issue. She doubted the wisdom of separating the subject of compulsory arbitration from the negotiating process and "freezing" It into a charter amendment. She said she "...could not casually give up a tool that can now be considered part of the negotiating package, and this proposed charter amendment materially changes the ability of the Council to negotiate labor agreements." She said that as a amber of the Council she could not arrogate her responsibility to make prudent decisions on behalf of the City budget. If the electorate chose to change that she would abide by that decision. She did not think that the Council, as a body, should sign the ballot measure. Mr. Walker said it was true that the City could not spend funds either for or against a ballot measure, yet the management side of the issue should be put before the community. The staff planned to take an active role in doing that. He would like to hear if Council wished to give any direction to staff on that intent. Mayor Sher said he thought the City Attorney would advise staff on the extent of their activities.. That could be attended to later. $r. Walker said that Council's reaction gave him more concern than what Mr. Booth would say. As Mr. Rounds had pointed out, the issue could be decided at the polls without the public having heard from City management or staff. Mayor Sher said he would like for Council to know what Mr. Booth had told staff; perhaps staff would give Council a report. Councilmember Clay asked % at the legal limitations were so far as Council was concerned —what could Council not do? Could it take a position? Mr. Bootie replied that it could take.a position, but it would not spend public funs either for or against the measure. It could write the argument an the ballot measure. 768 3/13/78 Councilmember Clay said that in the light of the importance of the matter, and because Council was not willing to delegate its responsibilities so far as the budget was concerned, he thought it was important for Council to go on record and let the public know how serious the matter was. MOTION: Councilmember Clay moved, seconded by Witherspoon, that Council oppose the initiative on binding arbitration as being against the best interests of the City and also contrary to the legislative process. Councilmember Fletcher said the proposed initiative was signed by citizens; she thought they had a right to be heard without the Council, as a body, intervening. She thought that as individuals, Councilmember could make their views known, but hot as the Council, a corporate body. Councilor Carey remarked on the disparity of points of view; some Councilmembers said they would oppose the issue because it took away Council's ability to negotiate its own agreements and set its own budget. (An outsider would come into town for a few days and set wages and there- fore the City budget, then leave town) On the other side, a Councilmember :right say that because his or her powers were given by the w ters, those powers could be taken away by the voters. He held that it was a union initiative, and the union had, through its work, gotten the measure oil the ballot --that fact alone showed who would benefit should the measure pass. Negotiations between the City and the union had been equal up to now, yet, should the measure pass, the union would have the upper hand. The union was not afraid to work for passage of the measure, yet some Councilmemoers were afraid to fight for their belief that the City should retain its ewers. If the Councilrmembers who so believed, did not fight for their belief, who wu1d? The City would have great difficulty assembling an initiative petition, but the union would not. A "no" vote on the Cley motion now before them put the City in a disadvantageous position. Only a few in management krew "the awesome impact that this initiative will have," and voters would have to educate themselves. That gave the City a burdensome handicap. Vice Mayor Brenner said she would continue study of the initiative and its effects and also she would encourage citizen groups to provide platforms so that both points of view could be disseminated. Councilmember Clay said that the Council had taken stands on matters "away from how,* so to speak, yet it was having difficulty taking a stand on this very local matter. »€ DMENT : Councilmember Clay morel that Council direct Councilmember Carey to write the argument against the ballot measure, using whatever source people he chose for help with the argument's structure. Mayor Sher asked Councilmember Witherspoon if, as seconder to Councilor Clay's motion, she would agree to the inclusion of the proposed amendment. Councilmember Witherspoon said she would agree. Mayor Sher said he would treat the amendment as a part of the motion now before Council, and not as a separate aunt. Councilmember Fazzlno said he thought it important that both Council and staff be involved --he did not favor inclusion of the proposed addition, for he did not want to isolate one specific Co~ancilmaember. He thought it would be wholly appropriate for staff to prepare the argument. Council'aember Eyerly said he hoped Council mild support th? motion unanimously. He had spoken with Alan Henderson on the matter, and Counci t member Henderson had agreed d that binding arbitration _sh. ld be opposed; Councilmember Eyerly felt that if Mr. Henderson was present that evening he would vote for the motion. 769 3/13/78 AMENDMENT WITHDRAWN: Councilmember Clay said that, with his seconder's agreement, he would withdraw his amendment. Councilmermber Carty said he, and he assumed other Councilmembers, would be available to staff if help were needed drawing up the argument against. the measure. Mayor Sher said he would read a letter left with him by Counci 1 ember Henderson in the event of a vote coming before the Council on the issue of binding arbitration during his absence. He emphasized that Councilarem+ber Henderson had -asked him to read the letter only if his (Counci'rgre rer Henderson's) position were represented in some fashion. He read: "March 10, 1978; Dear Byron: If, during my absence, the Council ors decide to discuss the subject of taking a position on the compulsory arbitration initiative, I would appreciate your reading this letter for public record. We are elected to represent Palo Alto citizens. When a group of citizens succeeds in obtaining sufficient signatures to place an initiative on the ballot, the Council has the obligation to place that item on the ballot and to be directed by the voting results. I do not think the Council, as a body, should take a position on an Initiative. Individual Councilors cen do as they please --take positions, work actively, main silent. In line with that philosophy, the only time I have ever abstained on a Council vote was in 1974 when the Rent Control Initiative came to us. On the motion for the Council to oppose the Initiative, I abstained, even though I publicly stated, as an individual, that I would vote against the measure. If required to vote at Council on the Binding Arbitration Initiative, 1 would again abstain. I do not think the Council, as a whole, should either favor or oppose an Initiative. I am willing, however, to state my personal opinion at the moment concerning the Initiative, with the understanding that I am still open to further arguments and consideration. When I appeared before the Central Labor Council last year, 1 was asked my position on the right of pudic employees to strike. I replied that I had trouble only with:strike"s be public safety personnel. However, in prohibiting strikes es by fir, I fel t i t prop€:' to have some for of binding arbitration. The Charter amendment proposed by the Initiative goes beyond what I had in mind. First of ail, it puts all power in a single erbitrYator who, quite likely, is not a Palo Alto resident, hes no background in the City's situation and hae no responsibility.for providing the tax funds necessary to support the effects of his decision. Second, the proposal establishes a policy of requiring the Arbitration Board to decide each individual issue in the dispute on a last offer of settlement basis. Thus, there is no further ability to negotiate an overall contract, to compromise on individual issues and to modify opposing last offers. Each issue results in'a total victory for oro party and total loss for the other party. -Th7ird, virtually every kind of issue, not just cation, could be `referred to 'compulsory arbitration —and by just one of the parties to the dispute. The City Mknager, the Council and the cities could lose control over hiring and firing, total numbers of employees, rrours, job responsibilities, etc. nn 770 3/13/78 If we desire some form of compulsory arbitration, and there are many sound arguments for it, we need to work out something better than this Initiative. If I had to choose between the proposed arbitration and permitting public safety employees to strike, I would choose the latter. The City Council and staff have limited resources, namely tax revenue, within which to operate. If an arbitrator with no fiscal responsibilities makes a decision that is beyond the City's means, what does the Council do? Reduce salaries for other employees? Reduce or eliminate services to the public? Rise taxes? Again, these are my feelings at the moment without benefit of hearing rebuttals to the points I have raised or hearing public input and Council discussion. I hope that the Council will not take a position on the Initiative and that individual Council wambers will take part or not, as they so choose, in the pre- election debate. (signed) Alan Henderson" Mayor Sher said that from his own point of view he was not comfortable with the Council taking a position as,e body for or against the initiative -- he would therefore abstain. +Count ;w ember Eyerly said that he and Council ber Henderson had discussed the measure itself, and he was sorry Mr. Henderson was not present that evening. He said he, himself, did not think abstention on a vo,:e was an answer to the voters. MOTION PASSED: The motion that Council oppose the initiative on binding arbitration as being against the best interests of the City and also contrary to the legislative process passed on the following vote: AYES: Carey, Clay, Fazzino, Eyerly, Witherspoon NOES: Fletcher ABSTAIN: Brenner, Sher Mayor Sher confirmed that the argument in support would perhaps be written by the proponents of the initiative, and mould also have a total of five signatories. Councilreaaber Eyerly said he detected some reservation on the part of the Mayor to have Council direct staff to go ahead, doing what they could to defeat the ballot measure. NOTION: Councilrember Eyerly roved, seconded by Witherspoon, that staff be directed to do all legally possible to defeat the binding arbitration ballot mea sure . MOTION TO CONTINUE: Mayor Sher ,moved, seconded by greemer, that the matter of directing staff to do all legally possible to defeat the binding arbitration measure be continued until Council had a memorandum from the City Attorney and staff about what the lair permitted regarding staff and City management participation in the election. mum TO CONTINUE PASSED: The oration to continue passed on the following vote: AYES: Brenner, Carey, Clay, Fauin , Fletcher Sher, Witherspoon NOES: Eyerly ABSENT: Henderson 771 3/13/78 ADJOURNMENT TO EXECUTIVE SESSION Mayor Sher said that Executive Session would probably be quite long. Items remaining on that evening's agenda could be continued. ADJOURNMENT IN MEMORY OF MISS LUCY EVANS Mayor Sher said adjournment would be in memory of a good friend of the City who had died that week: Miss Lucy Evans. All who had known her were saddened by her death. She had been a worthy and honorable advocate and expressed genuine concern for the natural areas of Palo Alto. She was one of the area's foremost experts on the Baylands; he knowledge and sense of local history had been an invaluable asset to the City staff, and that had been exemplified in the assistance she had given the City staff in drafting the Baylands Master Plan. Staff relied on her for chronology and various components of the Plan. She had made a significant contribution toward the preservation of the Baylands, and its unique resources, for the pleasure and benefit of future generations. She had worked toward the maintenance of the duck pond. Mayor Sher said he believed the City should give formal recognition to her significant contribution to the City's resources and some of her friends had suggested that a fitting tribute might be to name the duck pond after her. Mayor Sher said that he would put on the agenda for the next meeting the matter of referring that plan to the Finance and Public Works Committee for cc..sideration. Vice Mayor Brenner joined in Mayor Sher's remarks; she emphasized that Ms. Evans had been an invaluable resource. She winted a memorial to Lucy Evans to be at the Baylands, and su:gested perhaps naming the Interpretive Center at the Baylands after her: Councilmember Carey said that Palo Alto had been uniquely fortunate to have had the advocacy of Lucy Evans. Council adjourned to Executive Session at 10:30 p.m. FINDS FOR LEGAL SERVICES Following the Executive Session, at 11:45 p.m., the following ordinance was adopted. MOTION: Mayor Sher moved, seconded by Vice Mayor Brenner, the Council adopt the following ordinance: C:t tNMCE NO. 3047 entitled "ORDINANCE OF THE taatx il OF PALO ALTO MENDING THE 1977-78 BUDGET TO PROVIDE FUMES FOR OUTSIDE LEGAL SERVICES The motion passed on a unanimous vote, Councilmember Henderson absent. ��T TO MARCH 1978 MOTION: Mayor Sher roved, seconded by Brenner, that Council adjourn to March 20, 1978, 7:30 p.m., in honor of Lucy Evans. The motion -to ad4eurn passed on a unanimous vote, Councilmember Henderson absent. Council, adjourned at 11:45 p.m. AT 77;' 3/13178