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
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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
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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."
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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.
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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
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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"
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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.
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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.
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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.
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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.
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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
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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
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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 '
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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
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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
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