HomeMy WebLinkAbout1977-12-12 City Council Summary Minutesacv
COUNCIL
M1NUTES'
Regular Meeting
December 12, 1977
CITY
OF.
PALO
ALTO
ITEM PAGE
Minutes of November 7, 1977 4 3 2
Oral Communications 4 3 2
Mike Britt, Director of the Palo Alto High School ltd 4 3 2
Tom Foote, 2040 Tele Avenue 4 3 3
Gene Smith, 2045 Yale 4 3 3
Robert Moss, 4010 Ore 4 3 4
Announcement of Executive Session 4 3 4
Consent Calendar - Action Items 4 3 4
Finance and Public Works Committee Recommends re
Addition cf Positions of Loss Control Manager and
Clerical Support with Required Budget Anendment
434
Resolution Pr,:yviding Authority to the City Manager
to Effect Certain Changes in Gas Utility Rates 4 3 5
Resolution Regarding Southern Pacific's Petition
to the Interstate Co rd; Commission 4 3 5
Resolutions of Appreciation to Lyle D. Vik, Thelma T. Pearson,
and Harry Wong 4 3 5
Appointment of Two Human Relations Commissioners --
Don Way and Marilyn William 4 3 6
Move to Bring Planning Commiasion Recommendation Re 4339
El Cassino Real Ford for Continuance 4. 3 6
Cc*ining Finance end Public Works Committee Recommendations
re Animal Ater and Animal Control loitb New Business
Request re Animal Services 4 3 6
460 Marion Avenue: Ameal of Willi.: a D. Cox, Jr., From
Decision of the Director of Playing to Deny Pre1iid ary
Parcel Map - Planning mission lecommeeds Denial
Lytton Gardens Expansion
Request of Cceanciteember Fletcher re Laundromats
Awe Relations Committee Appointee Confirmation
Meyer r re Compulsory Arbitration
Referral Of Capital Improvement Prosrem to Finance and
Public Works C mmittee for December 15
Adjournment to Executive Session re Litisation
431
12/12/77
4 3 9
440
4 4 1
443
4 '% 3
4 4 5
446
Regular Meeting
December 1, 1977
The City Council of the City of Palo Alto met on this date at 7:30 p.m.
in a regular meeting with Mayor Sher presiding.
PREENT: Benner, Carey, Clay (arrived 7:35 p.m.), Eyerly,
Fazzino, Fletcher, Henderson, Sher, Witherspoon,
(arrived 7:50 p.m.)
MINUTES OF NOVEMBER 7, 1977
Vice Mayor Brenner said that on page 313, third paragraph from the
bottom, in the middle of the paragraph, the phrase should read
...with the frontage of an R-1 . . . ."
Couneilmember Hend-•fson said that on page 315, in his statement
about his business, the business should correcty be called
"CFriter for Advanced Study in the Behavioral Scienes."
City Clerk Ann Tanner said that Dr. Nancy Jewell Cross had requested
that on page 316, third paragraph flea the bottom, sixth line, that
the word "project" be changed to "Campus Drive extension," the balance
of the line to read "...very fast if the project goes at all."
MOTION: Councilme7mber Henderson moved, seconded by Fazzino, that Council
approve the minutes as corrected, for November 7. The motion passed
Ott a unanimous vote, Councilmembera Clay and Witherspoon absent.
CFAL COMUNICATIONS
E. Mike Britt, Director of the Palo Alto High School Rand
expressed pleasure at the audience's enjoyment of the hand's
brief, impromptu performance that evening. He went on to
say that the bsnd, under the Voyager. International program
bed planned to represent Palo Alto in Europe during the
coming summer. The band needed community support; young
gople were tc important aspect of the :rev. Letters asking
for monetary support bad been mailed to over 300 Palo Alto
business concerns, and be was disappointed that not one
response had been forthcoming to date.
Mayor Sher complimented the band members for their playing; he read a
proclamation issued by the City of Palo Alto High School band during their
"ambassadorship" in Europe.
WHEREAS, the members of the Palo Alto High School Instrumental
Mimic Program are planning a performance tour of Europe during
the summer of 1978; and
SAS, the invitational performance tour will include stops in
London, Coventry, Amsterdam, Munich, Brussels, Leyden, Lucerne,
Geneve, Unteraussnsv, and Paris; and
ice, the rs of the Varsity Viking end, the Paly Jazz
ensemble, and some of the members of the nrcbsstr s have been
working very bard in order to obtain funds method for the invita-
tional performance tour; and
4 3 2
12/12/77
WHEREAS, it will cost each student $1198 frr the four -week activity,
and the School District is not providing any fivanoial support,
but has unanimously approved the activity; and
WHEREAS, the students will need a tremendous mount of outside
support in order to make this project a success; and
WHEREAS, the musicians attsnding Palo Alto High School come from
various backgrounds in the high school community and possess
a variety of musical talents including an ability to perform the
classics as well as jazz and other contemporary music; and
WHEREAS, the performance credentials of this fine group of
musicians from Palo Alto High School are sxc+ellsnt and they deserve
and have earned the community's support;
NOW, THEREFORE, I, BY'RON D. SHER, Mayor of the City of Palo Alto,
do, rsby rsqueat the citizens of Palo Alto to support the
PALO ALTO H/GH SCHOOL INSTRUMENTAL MUSIC PROGRAM
PERFORMANCE TOUR OF EUROPE --SUMMER, 1978
and help the students reech their goal by participating
in the events planned to raise the necessary funds.
City of Palo Alto
December 12, 1977
Mr. Britt gave the address of Palo Alto High School to which contributions
could be mailed.
2.'Tom Foote, 2040 Yale Avenue, represented College Terrace Residents
and apoks of a sorious traffic situation on Yale Avenue which
r*suitad in Anthony Thornton being struck and kuocksd off hie
bicycle by an automobile; a few dayeR later Leslie Otuabrough
had also boon l+anockesd from her bicycle. Sha wes a member of
the law school at Stanford. Car -with -car accidents had been
more common. Thirteen traffic barriers clocked !Wit. of the
streets in Collets Terrace, and that led to focusing traffic on
Yale Avenue, the solo direct link between Stanford
and California striate. Mt. Foote app*alsd for an equitable
solution whit would bring about more di.eporeal of traffic, o;,
if some streets ars to continua with barriers, that Yale have
on* ss 3.A. Be pre*anted a petition signed by 57 College
Terries residents asking for prompt action to initiate some
relief of the traffic stress.
..Counoilmembor Henderson recalled that the traffic barrier on Yale
had been ram000d, He did not recall the seasons for removal.
.
Mir. Feats said that he understood a majority of Yale •Avenue rosidents
now favored restoration of th* barrier.
3.Gen* Smith, 2045 Yale, said ,beat sines he bad become
: bomeoomer and resident ah Yal* he had .discoversd that it
was * bypass fox El Casino, with virtually no local traffic.
The aoiea/po1lutio n prOblem and denier from heavy true
passage ro bicyc1iote end podostriems ass significant.
"Ter* was a - good doll of acrimony (amt pet being able
to Wass trough College :Terrace) and in the +sffort to
find a 'lambs Yens Strest vas sacrificed, (and t. barriers
removod) ." Nit said a traffic barrier wee requested* and
to him tbs appropriate place me at the Stanford ford large
st d of Tale Street, bars thorn wars easy fender handers
at present. He said candidates for Council bad rum on
a platform of "A.i orboode." Be sawed his neighborhood
., ed the Colido lames bosidsats Assectstien oohed for the
barrier to he ree rod.
4-3
t2112177
Mayor Sher asked if it was appropriate at this time for Council to
ask that staff receive the petitions along with Council's requeut for
a report on the matter.
George Sipel, City Manager, said he suggested Council act as Mayor Sher
suggested since there were a number of people in the audience who had
an immediate concern.
4. Robert Moss, 4010 Or.ae, spoke of Council having taken space
formerly zoned Open Space and in a recent action, zoning it
"office research." -The noticeable lack of staff recommendation
on the controversial matter led him to xaak, inquiries'whIch confirmed
that staff had bean discouraged from recommending on controversial
matters. He faulted Councilmember Fazzino for what he deemed an
inappropriate simile.
City Manager Sipel seid he thought staff made recommendations on most
policy iesuss, as would be shown with inquiry. On some land use
issues staff felt its prime responsibility was not to recommend but
to give Council the information.
ANNOUNCEMENT OF EXECUTIVE SESSION
Mayor Sher announced that an Executive SeaaoW:i would take place that
evening regarding litigation. He thought that since the s'ssion might
be lengthy he would hope Council could go through the evening's
agenda without recess and then hold the Executive Session.
CONSENT CALENDAR
Vice Mayor Brenner asked that Item 3, concerning Lytton Gardens mansion,
be r^moved from the Consent Calendar.
Mayor Sher asked that he be recorded as not participating on the item
concerning the petition by Southern Pacific Railvey to the Interstate
Commerce Commission.
The following item& remained on the Consent Calendar:
Referral I t sees
None
Action Items
FIDE AND PUBLIC WORKS COMMITTEE RECOMMENDS
MANAGER AND CLERICAL SVPPO&T WITH p.if' ' . BUDG"E'T
'.® IMF.. Y�I.IYY�I..�rrYAlY1�i.Ji7.w----�..i'lY
IREFF
Fi .+Dent. and Public Workae Committee, on a unanimous vote, recommends that
Council approve the addition of the loss control manager position and
clerinal support for that position effective January 1, 1978, with the
required budget and compensation pl..:n amendments to cost approximately
$13,000 to $22,500 for the rest of the fiscal scal year, and that the remainder
of the eubj.ct of insurance stay in Committee.
ORDI.KAUCE 3032 entitled "wawa 1 OF TEE COUNCIL
OF THE CITY OF PALO ALTO SING THE BUDGET FOR
?ISC•A1, TZAR 1977-78 TO PROVIDE FUNDING 701 THE
POSI2`20I$ OF MANAGES, LASS CONTROL, AND GENERAL
CLERK A --CONFIDENTIAL, IN THE PERSONNEL DEPARTMENT."
434
12112!77
1
RESOLUTION PROVIDING AUTHORITY TO THE
AmirlazorTrmartmiYN CIL%' GI'S
Staff recommends that Council adopt the following resolution authorizing
the City Mana,er to adjust gas rates, as required-, to recover wholesale
"tracking" increases made by PG&E. These adjustments shall be limited
to a maximum increase of 10 percent over existing rates.
RESOLUTION 5491 entitled "RESOLUTION OF THE COUNCIL
OF THE CITY OF PALO ALTO PROVIDINb AUTHORITY TO THE
CITY MANAGER TO EFFECT CERTAIN CHANGES IN GAS
UTILITY RATES." (SCHEDULE G-1)
RESOLUTION REGARDINC SOUTHERN PACIFIC'S
RTMiefriliTITIMEtremnreznasSION
(Mayor Shmr not participating in this item.)
RESOLUTION 5492 entitled "RESOLUTION OF THE COUNCIL
OF THE CITY OF PALO ALTO OPPOSING SOUTHERN PACIFIC'S
PETITION TO THE INTERSTATE COMMERCE COMMISSION FOR
DISCONTINUANCE OF ITS PASSENGER TRAIN SERVICE BETWEEN
SAN JOSE AND SAN FRANCISCO . "
LOTION: Counnilme-bar iyerly introduced the foregoing ordinance and
resolutions and seconded by Henderson moved their approval by Council.
The motion passed on a unanimous vote, Mayor Sher not participating
on the vote regarding Southern Pacific.
RESOLUTIONS . of - APPRECIATION.
MOTION: Councia_mesber Carey introduced the following resolutions, and,
seconded by Fogzino, moved their adoption by Council:
RESOLUTION - 5493 entitled "RESOLUTION OF THE COUNCIL
OF THE CITY OF PALO ALTO SEPRESSING APPRECIATION TO
LYLE D. VIE UPON HIS RETIE." (CMR:5:39:?)
Lyle D. Vik sextet with the City for t asty-Qne years with the police
department, with such posts as motorcycle traffic officer and investigation,
Over the years Lyle contributed to the goals of both police 4epartaea*t
and City.
RESOLUTION 5494 -entitled "RZSOWTEON OF THE COUNCIL
OF CITY OF PALO ALTO SING APPRECIATION TO
T. PEARSON UPON HER RS3'IUMENT." (Q :506:7)
Theban Pearson served with the City of Palo Alto for twenty-seven years,
beginning to 1950 as a file clerk, sad continued with various
operations in thelSproduatioo and Mailing Services. She retired
to her saw home in Felton, California. She hopes to make a trip
t, her home tom, Cedar City, Utah, and also to Miles, in the British Isles.
RESOLUTION 5495 entitled "RESOLUTION OF THE COUNCIL
OF TER enrol,' PALO AL' 0 EXPRESSING APPRECIATION TO
MARRY WOG 0P RETIREMENT." ( :5O1:7)
Harry had worked over testy--stz-yeaars with the City of Palo Alto.
He was Senior gang Assistant in Elie Wrks armed After slam
hie degree in grins Tse%eolesy he uerkod on sway public iorka projectile
transferring to the Utilitlea Depart: in 1969. No mill mousse
reel estate properties and develop a mountain retreat rear Grass Valley
in his retirement.
L/35
635
13/12/77
MOTION PASSED: The motion chat Council approve the resolutions
on the occasion of the retirements of Lyle D. Vik, Thelma T. Pearson,
and Harry Wing paese4 on a unanimous vote.
APPOINTMENT OF TWO HUMAN RELATIONS COMMISSIONERS
. W LLIAMS
Mayor Sher reminded Councilmembers of the procedure: secret ballots
'sere to be cast, and vhen a candidate received five votes he or she
was to be declared appointed. Two vacancies we=e to be appointed
that evening following that process.
Donald Way, and Marilyn Williams were appointed --Mr. Way on the first
ballot, Ms. Williams on the second ballot.
Councilmember Carey suggesteds that, if Ms. Williams did not choose to
serve again, Council select an alternative.
Mayor Sher suggested Ms. Williams be contacted by phone before Council
chose an alternative.
MOVE TO BRING PLANNING COMMISSION RECOMMENDATION
RE 33 EL CAMINO i'GRWARD FOR CONTIIv'Ud.NCE
MOTION: Councilmember Clay moved, seconded by Witherspoon, that the
matter of 4339 El Cam oo Real be brought forward on the agenda for the
purpose of contio.aance to January 16, 1978. The motion passed on
the following vote:
AWES: Brenner, Clay, Eyerly, Fazzino, Fletcher, Henderson, Sher,
Witherspoon
NOES: Nona
ABSTAINING: Carey
COMBINING FIB AND PUBLIC WAS COMMITTEE
SERVICES
MOTION: Mayor Sher moved, seconded by Witherspoon, that the matters
of Amaral Control and Animal Shelter (UM Cosimittee recommendation)
be considered with Councilmembere Brenner and Witherspoon request re
Animal Services. The agotinn passed on a uuanbeonso vote.
NOTION: Councilmeaher Carey, on behalf of the Finance and Public Works
Committee, coved the following recommendation*: that a) Council approve
the meeting of a Palo Alto Councilsemher and a staff meter, with appropriate
county representatives, including County Supervisor Gerry Steinberg, to
talk about reimbursement by the county for Palo Alto Animal Shelter
operations based upon what the co ty `s casts would be to provide such
services to Palo Alto; b) unanimously recommends to Council that the
level of service for animal control is satisfactory as it is now structured
eiid should be me retained at its present level; and c) on a vote of threes
in favor, o e oppoosd, rya that Council direct staff to mat with the
Duman* Society and Friends of the Aninal Shelter repreeentatives to
explore possibilities for increased voluntary assistance.
Courciisevber Benolerson said he thouiht the utter about animal control
in b) tied is closely with c) of the Committee recommesdatiau.
436
12/12/77
Mayor Sher said it would be lees awkward to vote on the items separately..
Councilmeeber Carey observed that he and Ma. Steinberg; County Suporylsor,
would meet at 11 a.m. at the North County Court House on the matter of
parking, Tuesday, December 13. If Counca so desired the matter of
Animal Control and Shelter could be raised at this time.
Mayor Sher said that he thought it would be appropriate to amend the
Committee recommendation and insert Co*mcilmesber Carey's name as that
Councilaember who would discuss the matter with the county, as noted
under a) of the Committee recommendation.
Couacila ber Eyerly reminded Council that his. Steinberg said she had
needed some more information about animal control before she could apeak
further on it. He suggested that a separate meeting on the topic take
place after staff had collected the information. He thought Councii.ember
Wieaersp000 was a qualified person to represent Council at the forthcoming
meeting.
Councilaember Carey said he had given the day of the meeting in error,
it vas to be Thursday, December 8, at 11 a.m. Perhaps staff, and Councilmember
Witherspoon could meet with Ms. Steinberg at that time.
Cotmcilmeeaeber Witherspoon said she would be ready for the meeting, and
she :.nought City staff would be also, but the county had a dif 1-7:ult
time figuring out their costs. She had referred the :latter to Chief
Zurcher and Al Barstow. The City, she said, did not have much bargaining
power end should not raise its hopes,
Mayor Sher said that Councilmember Witherspoon could represent the City,
and it could be assumed staff was ready --a meting could then be arranged
for a time nicer; the county would have its information in hand as well.
Vice Mayor Brenner spoke of combining the contents of the letter she and
Councilmen er Witherepoou had written with recommendations of the finance
and Public Works Committee. If Council were agreed to accept the suggested
change in the letter, frcw the present use of a "Euthan ire" and manner
of putting surplus animals to death she would amend bc) of the Finaa e
end Public Works recommendation.
Mayor Sher eaid he urged dealing with the committee nations
first for the matter Councilmember Brenner was raising had not been they
subjvit of the committee deliberations, which considered more generally
the possi-bility of homing more volunteer assistance.
MOTION PASSED: The notion that Council approve the recommendations of
the Fierce end Public Works Committee that a) Council approve the
meeting g of Counailmumber Witherspoon and a staff member, with appropriate
county representatives, including County Supervisor Corry Steinberg, to
talk about reimbureemeet - toy the County for Palo Alto Animal Shelter
oneratio based upon whet the county's costa would be to provide such
services to Palo Alto; b) una demasly recommends to Council that the
level of service for animal control is setisfaotoay as it now in structured
sand should he *fnta4ued at its prevent level; and c) on a vote of three
in favor, one opposed, recommends that Council direct staff to asset with
the Humane Society and Prisms of the Animal Shelter representatives to
employe poeeibilities for increased voluntary esaistance, passed on a
unanimous vote.
MINIM , Vin Mawr Dreamer moved, seconded 3y Witherspoon, that
Council set the policy to have animals dispatched by injection rather
than the " uthsa ire," contingent upon cost and fees bility.
437
12/12/77
Vice Mayor Brenner said she favored setting policy, that is, to use the
injection method, with the proviso it would be done unless t e cost were
prohtitive.
1
Corrected
set_ page
538
1
Chief Zurcher said he did not !now if staff had enough information on
which to base a good recommendation. At present, staff was opposed
to moving from Euthanaire to another method.
Councillember Henderson said he saw no reason to semi the matter to
committee for there vas no evidence that the cost would be significantly
higher.
Councilmember Carey said he thought Council was agreed that euthanasia
was only the second-best method as a policy; he was reluctant to say
Council should take the further step of saying a specific method should
be used without further study of what costs were. So far as the judgment
about prohibitive cost, that was not a good determiner, for each person
had a different idea on what eas prohibitive.
Councilmember Wi::hercpoon said she had visited the County Board of
Supervisors' meeting that afternooe as chairman of the task force which
had made recommendations. County staff, after nine eeoathu, was now
making recommendations based on the task force's report, and one of the
recommendations was that euthanasia be practiced by injection of sodium
pentobarbital, or barbiturate derivative, as the preferred method of
killing, at the South County shelter. Th.st shelter had about the same
volume as the Palo Alto shelter. She hid talked to Neil Barnett who
said a pilot program was reccnmmendei by the task force and was initiated
June 7. Staff had been very reluctant to havin that restriction made.
A local veterinarian had provided free training. The results were
promising, and it is now the only method used at the shelter, with
expectation that the method will be employed permanently in the future.
There had been no extra cost —there had been sole time used in training
personnel to use the method, and the medial was found to be much more
effective so far as efficiency goes Personnel "was very positive" about
the metthod. Mr. Barn.+ett's opposition of some months ago was gone, and
he now favored the method. South County shelter had only used the Be/thane/re
three times since June —for a turkey. a goose, and a raccoon.
Mayor Sher repeated the motion that was before Council.
Couveilmenber Z a ly said that he was happy with the motion sittee: inherent
withirit was the request that ate( make a report .
Coesecilaeember Wendel -pm said he did not tent an undue amount of time to
elapse before the staff report was forthcoming —he would not went to
wait six months but would prefer to move as quickly as possible.
Councilmember Witherspoon weld she thought staff should 5e asked him
soon they could implemwt the polity. Staff would have to decide what
personnel to use and how they should be tram.
SUBSTITUTE MOTION: Councilmember Witherspoon moved, seconded by Henderson,
that Council direct staff to chew to the intravenous injection method,
then advise Council how that change mid be implemented.
Mayor Sher said he understood Vice Mayor B is motion to be a statement
of Council's policy subject to the condition that it be feasible and
without prohibitive cost. The substitute tattoo directed staff to move
to another metboJ and report back on bow that would be done
Coci r Fletcher asked staff bow long it would tskt for them to
return to Council with the requested information.
436
12/12/77
Chief Zvrcher said he thought sixty days would be a reasonable length of
time.
In_support of the original motion made by Vice Mayor Brenner, Mayor Sher
said that Council might consider that staff's report might possibly
state that the changeover might cost about fifty ties as such; Council
should consider that in that case staff would not have made the changeover.
Councilmember Eyerly asked bow long it would take, under terns of the
original motion, to return to Council with findings, would it also be
sixty days? Receiving an affirmative reply frog Chief Zurcher he said
ha would vote against the substitute, notion --be preferred to move not
quite so rapidly without staff input. He would vote in favor of the
original motion.
SUBSTITUTE MOTION PASSED: The substitute motion, that a change to
intravenous injection be aarle, then staff to advise Council on how that
change would ae implemented, passed on the following vote:
AYES: Brenner, Carey, Clay, Fazzino, Fletcher, Henderson, Sher,
Witherspoon
NOES: Eyerly
MOTION: Councilmeacber Witherspoon moved, seconded by Brenner; that
pursuant to policy 8.1t in recommendation c) staff be directed to talk to
the Palo Alto Hemane Society (P1(S) about contract revisions, and bring
their report to the Policy and Procedures Committee in early 1978.
Couricilmember Henderson said he thought the motion meant that c) would
be before committee again, fol. additional consideration.
Mayor Sher pointed out that a motion had already pesaed that staff
explore poeeibtlities for increased voluntary assist -once. Staff would
than take that opportunity to tell the committee of other poeaibilitlec
for vuIuntcer participation.
MOTION PASSED: The motion that staff be directed to talk to the Palo
Alto Humane Society about contract revisions, and bring their report to
the Policy and Procedures Committee in early 1975, passed on a unanimous
vote.
480 LION AVENUE: APPEAL OF
1413-1.1Ait D. Oft .J%. ' MX L CI$IO1
Drank Rack, member of the Plenni +g Ciasioee, said he bad nothing to
add to the rxecemandations of the Commission -there had sot been much
discussion, read only one dissent tad been votc4. He amid he understood
William Cox wee in tba chamber that evening, to ask that 'the'
Better be continued.
William D. Cage said be bad received a l,tter eaaying Councilwould feet
Deter 1.4, and be ems not i,g4pared With his appeal.
Lea Schreiber, Assistant Planning Director, confirmed that lir. Coss
latter did coot{?. the wrong data. Wk. Cox had not received the agenda
either (were would have giv*u the correct date) . Ns sigiasted that the
nest meeting at which odder Playing Dios items mould be coming up,
Japery 16, 1970, old be the bast date to continue to.
439
13/13/71
MOTION: Councilmember Fazzino, seconded by Clay, moved that this matter
be continued to January 16, 1978.
Mr. Cox said his contract to buy the land expired in 1977.
Councilmember Carey said Council had to hear the matter that evening or
the 16th --the developer would have to take his chances.
Mr. Cox said he would take his chancey for January 16, 1978.
MOTION PASSED: The motion, to continue the appeal on the 480 Marion
Avenue property by William D. Cox, 3c., to January 16, 1978, passed on a
unanimous vote, Councilmember Witherspoon not in the chamber.
LYTTON GARDENS EXPANSION (CMR:549:7)
Vice Mayor Brenner had removed the matter of Lytton: Gardens expansion
from the Consent Calendar, she said, because she understood a couple of
pieces of land were being transferred from the original P -C. She asked
if that was being treated as a P -C amendment.
Ken Schreiber said that it was --it was being treated as a minor amendment
since there was to be no effect on the structure itself,
Vice Mayor Brenner said that in this particular instance it was inconsequential
though ordinarily she would consider the transfer of land a major modification.
She asked if both phases I and I1 would be a single, connected building.
Mr. Schreiber said that it would be a single, connected building, and
that was the reason for the maneuvering on the land --phase I? P -C zone
was approved through Planning Commission, Architectural Review Board,
and City Council process. After that the Building Department determined
that in order to issue a Wilding permit, the property line had to be
moved over because of the building design. There would be two P -C's
which would be joined; there would be one building, with two separate
mortgages and one owner and one operation.
MOTION: Vice Mayor Brenner introduced the consent agreement and the
following resolutions, and, seconded by Henderson, moved their adoption
by Council;
CONSENT TO RECD VEYAMCE OF REAL PROPERTY
WITH RESERVATION OF EASE AND `1'0 THE
RECONVETANCS Off' All CASEMENT FOR ?HESS
AND EGRESS —PHASE I OF LYTTON GARDENS--
COMMUNITY HOUSING, INC.
AGREEMENT FOR PEE AND RECYANCE
OP REAL PROPERTY PHASE II OF LYTTON
GE ITY USING, 1NC.
14ESlON 5496 entitled "RESOLUTION OF THE COUNCIL
OF THE CITY OF PALO ALTO OTHORIZING THE M . S OR,
ON BEHALF OF THE CITY OF PALO ALTO, TO
PRRPOZN CERTAIN ACTS CONCERNING LYTTON GARDENS."
EESOLOTION 5497 entitled "USOLUTtJN OF THE CITY OF
PALO ALTO GOING T8E slam ASSISTANT CITY
ATTORNEY, ON ELF OF THE CITY OF PALO ALTO,
POWER OF ATTORNEY CORCENNIIG LYTTON Gam."
440
12/12/77
MOTION PASSED: The motion that Council approve the consent agreement
and adopt the resolutions, passed on a unanimous vote, Councilman Carey
abstaining.
QUEST OF COUNCII.i EMBER FLETCHER
RE LI UND , hTS
Cournci1meaber Fletcher said she had received a letter from Philip
Burton who wrote of hae:ng a mechineful of clothes burned in a laundroaaat.
Be had had difficulties in notifying the fire department of the location
of the lausndromat and also in locating the owner for compensation. Mr.
Burton gave suggestions on how that matter could be improved in the
future. Couacilmeamber Fletcher said maintenance at many Laundromats was
poor, and, due to lint build-up, fires were "quite common." On inq'eiry
Couacilmember Fletcher found that the Building Department did not have
the manpower necessary to maintain inspection procedures. The City
Attorney had told her that state regulations governed dry cleaning
establishments, and they might also include laundromets.
MOTION: Ceuncilmekber Fletcher moved, seconded by Fazzino, that 1) Staff
Corrected dra w up;sn ordinance` requiring a):posting.oUname, address and
see page telephoee ember of the Laundromat owner and one alternate; and b)
538 require the building number to be clearly visible; and 2) ask the cooperation
of our state representative to investigate the possibility of including
Laundromats in the state regulaCfon.sgoverning dry cleaning establishnenta.
Couacili nber Fazzino asked which regulations regarding dry cleaning
establishments Councilmember Fletcher was referring to.
Councilmember Fletchee said she was talking about the safety regulations
which ere in effect because of dangerous chemicals in use in dry cleaning
establishments.
Councilmeuber Fazzino asked how other communities dealt with the laundromata
and dry cleaoiug, establishments,
City Attorney Booth replied he did not know.
Councilaisber Eyerly said he aseumed not too much tine would be taken
investigating regulations and writing a staff report. - If it was too
:lengthy a tatter, what was the next step Councilmenber Ylotcher planned?
He did not favor championing a :etete bill.
Mr.. Booth said his office mould investigate first for Laundromat regulations
then for dry cleaners, and than, should Commit direct, staff would seek
a state legislator who would be willing 'to aponsor a bill to ' incluae
laundromats in such a regulatory spheric.
Councileamber Eyerly asked that the vote on the items be split. ILe said
that for the time being be was in opposition to the aaarond part of the
motion. He asked that one of Palo Alto's retmesentativss to the state
:ring back the information on regulations to Council, along with a
a aatateaaaent about whether or not he would champion it. He mad he
hesitated about using City staff, forthis.:asrratter might move from making
a repott to pushing the state to form legislation; perhaps the matter
could be turned over to Assemblyman Victor Caslvo for inquiry first.
Couatilmswher Witherspoon asked how many lataWiroaaaate there were in Palo
Alto, and who solorcei stata late on thaw.
City Attorney Booth said there alas t twenty Laundromats.
d 4 1
12/12/77
Councllmember Fletcher said she thought that if state safety regulations
were Applicable, violators would be liable to penalty --the puu! tive
action would be means of control, rather than control by inspection.
Mr. Booth said that the *natter would perhaps be turned over to the state
Board of Dry Cleaners, which was charged with the responsibility of
enforcing their regulations, and with the power of revocation of licenses
for non-compliance. He thought yearly inspections were made.
Couacil.sesber Clay acknowledged that there were po;;`_lenes with inspection
and caretaking at iaundromats; he questioned the wisdom of directing
staff to draw up an ordinance. He favored sending the matter to committee
so that more inquiry could be made and people could present their respective
sides on the question.
MOTION TO REFER: Council ember Clay moved, seconded by Witherspoon,
that the subject of en ordinance, requiring both the address and the
miner's name of laundro*ats to ce shown, be referred to the Policy and
Procedures Committee.
Councilmember Fletcher said that both the Building and Fire Departments
had said fires were a common problem in laundrosaats. She d'd not see
need for lengthy discussion and she would vote against the motion to
refer.
Vice Mayor Brenner said she thought it would be best to refer the matter
to committee when the proposed ordinance came back from Committee tc
Council. She euggeated that b) of the motion be modified to read,
"...ask the cooperation of our state representative to investigate the
possibility of including laundromats in the state regulations governing
dry-cleaning establishments."
Mayor Sher pointed out that modifications could not be made on the
motion to refer.
Couneilmember Henderson said he thought the main motion spoke to a very
basic seed. He would vote against the motion to refer.
MOTION TO REFER FAILED: The motion; to refer the question of necessity
for en ordinance requiring an. of owner and address of 1aundroaaaat in
the lenndromat itself failed on the following vote
ATF.S : aher, Carey, Witherspoon, Clay
HOES; Bremer, Eyeriy, Faazzino, Fletcher, Henderson
M*yor Sher said Council would vote on the main -notion in two parts.
PART ONE OF MAIM MOTION PASSED: Part one of the mien motion, . that
Council direct staff to draw up an ordinance requiring the pcesting of
the ranee, aaddrsaea and telephone number of the laundro mat owner and one
alternative name end telephone number in the lewd ro st passed on a
unanimous vote.
SUBSTITUTE FOR PAT TWO OF MAIN ,MOTION: Vice Mayor Brenner moved,
acoaded by Eyeerly, that the second part of the me Sian be emended to
read "link the cooperation of our state representative to investigate the
possibility of including laaundroeeeta in the state regulations governing
dry-cleaning 'e establishments." Vice Mayor Brenner explained tit~her
notion Shifted the burden for regulation of local laundramets to Palo
il1ta«a state representative rather than to City staff
SUBSTITUTE Pmt. PAR TWO OF NAIR MOTION PASSED. The motion passed on a
unanimous vote.
442
1:1112/77
HUMAN RELATIONS COMMITTEE
APPONItEMNFIRKATION
Mayor Sher announced that in response to a telephone call to
Ms. Marilyn Williams telling her the action of Council regarding her
appointment, she bad agreed to serve. He said his announcement would
serve as a formal re -appointment, while at the sage time acknowledging
that there had been several well qualified candidates.
MAYOR SHER RE COMPULSORY A eBITRATlOU
Mayo' Sher recalled Council's action during last week's Executive Session
relating to a possible initiative petition on the subject of binding
arbitration. Representatives of the Peace Officers Association and the
Fire Fighters Uaxicni had sought information about such an initiative
petition, end representatives of the associations had contacted several
Councils sera on the matter. Mayor Sher read the response Council had
drawn up in Executive Session, and which they had read following last
week's meeting: "in light of the fact that representatives of the Peace
Officers Association and the Fire Fighters Union have taken out papers
for an initiative petition relative to binding arbitration on interest
matters, and in light of the fact that the City shortly will be having
labor negotiations with the Peace Officers Association, the City Council
decided that individual members of the Council ought not meet with
representative of these groups for the purpose of discussing the subject
of binding arbitration until it has been deters.ined that an initiative
petition has, in fact, peen filed and, if filed, until the Council has
an opportunity to reviee the utter and detersire its possible effect on
the pending labor nnntiations."
Mayor Sher Bald that owing to questions having been raised about Council's
action, he had thought it would be w=11 to raise the matter in that
evening's public eession-•-whether or not members here of Council ought to
meet with members of the Peace Officers Association and/or the Fire
Fighters Union to disclose the possible initiative petition He asked
that staff repeat in public the position *.rich they had stated in last
week's Executive Session; after the;. Council crook°, affirm its action.
Jay R+owda, Personnel Director, amid he would go over eaterial covered
last week, with elaboration of some points. Members of the Peace Officers
Association and airs of Local 1319 of the International Associatioe
of Fire Fighters had contacted certain Councilor/milers about the proposed
iaaitietive involving arbitration in the instance of impasse in meet -snide
confeaelegotiations. Staff uaiderstood that the ccntects bad booze mad
to explain the proposed initiative and to seek suggestions from Coon fixe gibers
about alterations in the laeng.aage and to receive input in the items
iac3Uded in the initiative and &Lao to obtain import. Staff recommended
that individual Councitnembars should refrain from being dram into
discussion on those points for the following broadly sketched reasons on
what wee a vary complex issue; 1) a notice of intention to circulate a
petition had not yet been filed, in accordance with specified condition*
for emending the charter. (Until that action save taken, the content and
substance of such an initiative was not known. Ht. Rounds emphasised
that binding arbitration on contract natters was a very complex issue --
wording "had different ramifications, 4epend.ing i oe what forms of
arbitration are called for and what kind of procedure is being suggested."
2)' After a ootice of intent to circulate ae petitions is filed, the
pre4sions of such a petition had to be reported on before Council std
or analyaie could take place of 'A position formulated by an individual
Counciieeme r. 3) The issue involved City/employee relations. The
setter of birdies arbitration had been raised a number of time* during
mast-band-nsufer negotiations 'pith the Fire Pighters Onion, and Council
had taken s position on those occasions. Putar .. nest -dad -nonfat zgotiatioes
with tbs Peace Officers Association mkt lead to the matter being
12/12/77
raised again. Mr. Rounds said he had learued that in other negotiations
in other bay area communities it had been a practice at certain times to
approach councils in the attempt to negotiate a aatisfrctoLy resolutioa
instead of going through the initiative procedure. Therefore it was
possible that later in the process the unions could ask Council to
negotiate the issue. 4) At the appropriate time there should be a
public debate on the issue; such a weighty and complex matter required
it. For those reasons he advised Councilmeabers not to take individual
positions or give input before the proper filings had been made and
there had been time to study the proposed charter amendment, then to
rake a report bringing out all the issues, leading to debate. A.'so,
Council should be aware that the item could be approached through the
meet-and-confee process, which required that Council act collectively
through appointed delegates, in this case, the City Manager or his
representative.
Tony Spitaleri, representing the Professional, Fi:efigbters of Palo Alto,
said his union had sought out individual Councilmeabers to discuss its
petition in order to "explain sevcy:e complexities." He thought the
statement made last week hurt City/employee relations, and also, he
ressiuded stsff and Councilmembers, "...we have many, many taxpayers in
the City that work for the City of Palo Alto." Basically, union merbers
had approached Councilaembers, he said, in order to maintain good relationships.
Alan Davis, Attorney, representing the Firefighters and the Peace
Officers of Palo Alto, said he thought sone attention should be given
the concept of chaster amendment, and whether or not a group should be
allowed to approach Councilmenb,trs until time for doing to was shut off
by agreement. In that way Council could evaluate merits and demerit=s of
a particular proposal. Just because a proposal might be made should not
mean Council could not talk to an interest group. He thought Counr.ilmembeza
should be able to decide on their own whether or not they vented to
speak to representati"res of any organization. He thought a basic public
policy of "right to interchange" should be adopted which allowed those
who wished to have a dialogue with their re,.resentatives. He thought it
would be good for Councilaenbers to hear the other person's point of
view without it necessarily being opposed right in that particular
aeet1 g, though dialogue and free exchange of information should occur,
and perhaps even before an initiative on the matter had been filed.
...I don't think the suggestion to --simply because it eight be a so-
called meet -and -center items -in any way arm? ars that right of free
speech of all mature adults in this kind of a political society.)° in
Oakland, Vallejo, Hayward, San Rafael, and other communities in the hay
area there had.been frequent co!asanicetion, with no difficulty, with
local leaders. In Vallejo "we've been constantly communicating with '
members of the City Counci4 from the day that it vas adopted, col cerning
merits and suggested changes in that proposal, so recently as lash
year." Such communication did not effect negotiations, for there vas no
tray to seetk out an agreeeeat that was bi--lateral, that provided for
binding arbitratioe of intereset diaputea. The only tray to have binds
a rhitraatiea was though a charter change. He said he would not aonment
one the C cil.'e decision; ha would leave that to Counc9.lmemhers' judgment.
Roger Goodyear, Palo Alto Peace Officers Association, said he agreed
with the statements of both )z. Spitaleri and Mt. Davis. The Peac
Offi.cera sad the Fire Fighters bad not, historically, run _ in ebe same
path. This alliance sets nnigt e, and it bad been open. Negotiations
with that Puce Officers were several months away.
Couacilr Feseino ,snood be thought it was "extremely dangerous for
any of um to dims this femme in lie."
444
12/12/77
MOTION: Counci.me ber Fazeino moved, seconded by aitherspoon, that the
motion: approved by Council in Executive Sesuion and lead by Mayor Sher,
as follows, be approved publicly by Council at that time. "In light of
the fact that representatives of the Peace Officers Association sad the
Fire Fighters Union have taken out papers for en initiative petition
relative to binding arbitration on interest matters and in light of the
fact that the City shortly will be having labor negotiations with the
Peace Officers Association, the C1ty Council decided that individual
members of the Council ought not meet with representatives of these
groups for the purpose of discussing the subject of binding arbitration
until it has been determined that an initiative petition has, in fact,
been filed end, if filed, until the Council has an opportunity to review
the matter and determine its possible effect on pending labor negotiations."
Couxncilaember Henderson said he objected to any communication cut off.
Yet, even on the telephone some invalid conclusions could be inferred --
the u e of a communicant's name, out of context, could be misleading,
for example. He thought the question before Council was how best to
avoid possible misuse of any response that may have been given.
Alan Davis replied that if "you do not give your point of view on a
particu i'r issue then the organizations misrepresent that." If no
commitment whatsoever was given that should be made clear. The point he
wanted to stress was that he thought individual Councilm mbers should be
able to choose whether or not they wanted to com usetcate with union
members. He thought that Counciin<.ember Famzino's motion "tying all of
your hands, is wrong , "
Jay Rounds, Personnel Director, said he and Mr, Davis had worked on
gotiations for a long time. Mr. Davis attributed to him, Jay Rounds,
"things that aren't really correct. Mr. Davis knows that we met and
conferred about this subject before. . ." in regard to Councilor
hsaderson'a comment about the need to communicate with citizens, and
that need in relation to Council as a Board of Directors of a service
organization made up of employees, a Board was needed to set policy.
Staff did not seggest that Couucilmewbera cut off communication with the
public, but that they see their responsibility relative to employees
more in the sight of being nsabera of a Board of Directors. That was as
important distinction in this particular matter.
Mayor Sher spoke on the general matter of addressing individual Council -
members about *attars that were likely to be before the Clay Council:
he thought it was bettet to make such a presentation to ail Councilmeebers,
thereby rmsmaving chance for elusion and risunterstaadi,rag. That was
important in labor negotiations, which had traditionally been held in
private. if and whew: the signatures were collected and - the setter •
qualified as a ballot n urn, the City Count 12 eould undoubtedly vie'
.to consider its position which Would be a stutter for public discusses
sad deei a to ,
MOTION PASSED: The motion that adopted the etatesent on Council position
toward individw*1 Caamcil rm discussion of labor *attere with union
representative `paaa.d on, a unanimous vote.
MOTION: Coumcilmember Henderson moved, seconded by Eysr1y, that the
Draft Capital Improvement Program be referred to the Finance and Public
Works Committee for their consideration on December 1.5. The motto
passed on a unanimous vote.
445
12/12/77
ADJOURNMENT TOirallteur
Mayor Sher adj
matter under
Council adj
ATT,ST%
�Zfw
ity Cler