HomeMy WebLinkAbout07071975Regular Meeting
July 7, 1975
ITEM PAGE
Minutes of June 2, 1975 2
Oral Communications 2
Consent Calendar - Action Items 4
Ordinance re Greer Park 4
Planning Commission Recommends Exception Procedure to Code
Regarding Fences 5
San Francisquito Creek Bicycle/Pedestrian Bridge at Waverley/
Willow Place 5
Resolution of Appreciation to Council Member Enid Peareon 5
Resolution of Appreciation to Council Member Alan Henderson 6
Resolution of Appreciation to Council Member Richard Rosenbaum 7
Election of Mayor aud Vice Mayor 8
Public Hearing: California Avenue District Off --Street Parking
Project No. 60-8 (CMR:388:5) and Vacation of a Portion of Feral
Lane; Appropriate Resolutions 1 0
Ordinance re Fees for Refuse Disposal 1 0
Ordinance Setting Various Fees 1 1
Community Theatre Improvement -Award of Construction Contract 1 2
Cultural Center Improvement Phase III - Award of Construction Contract 1 2
Proposed Raising of Levees at Palo Alto Flood Basin 1 3
Report of City Attorney and Ordinance re Relocating a Sanitary Easement
of the East Palo Alto Sanitary District 1 3
Recommendation of the Finance and Public Works Committee that the
Subject of Expense and Automcbile Allowances for the City Council,
Planning Commission, ABB, BRC, City Manager, City Attorney, and
Police Chief be Discussed by Council as a Personnel Matter
13
Request of Councilman Berwald that Staff be Directed to Prepare a
wort re the Coffee Bouse Initiative 1 4
Request of Councilman Berweld that an End of Contract Special Audit
of PACOAB The Collective be Honda
Request of Councilmlan Ierwsld for Executive 5eseion to Discuss
Personnel Matters
Oral Com mications
14
14
14
1
Adjournment
1
7/7/75
6
i
1
July 7, 1975
The City Council of the City of Palo Alto met on this date it 7:35 p.m.
in a regular meeting with Mayor Sher presiding.
Present: Bear:ra, Berwald, Carey,
Eyerly, Norton, Sher,
Witherzpoon, Clay (arrived 7:40 p.m.)
Absent: Comstock
Minutes of June 2. 1975
veriwagismommismamonerme
MOTION: Councilman Berwald moved, seconded by Bettors, that the minutes
of the meeting of June 2, 1975 be approved as submitted.
The motion passed on a unanimous vote.
Oral Coovaicatiog
1. Kit S. Taylor, 499 Hamilton Avenue, represented
the Palo Alto Chapter of Suvice Employees'
International Union, Local 715. With regard to
the current strike, Ma. Taylor pointed out that
the Union had not had the opportunity to meet
directly with members of Council; and he wanted
to state the Union's position. The Union felt
that the city should state that no one presently
emp1cyed would be laid off during the life of
the new contract, but the city negotiators had
offered a meaningless clause under which
anyone coulil be laid off without any
systematic procedure. A second issue was
Union security. Mr. Taylor stated that a union
baste on voluntary nembership was like a city
based oa voluntary tax paying. If taxes were
voluntary„ there would be a ncmeber, of citizens
who would gladly use city services and let others
pap for them. Mr. Taylor said there were about
eighty people out of the four hundred and fifty
whom the Union represented who refused to pay
Union dues, but those some persons have not
refused to accept benefits negotiated by the
Union. Union representation of casual employes*
vas a third issue. There was no reason why part-
time workers should - not Wive the sears ,.ontractual
rights that full-time workers have. There was no
consistency at present in the way promotions were
handled, and that constituted the fourth issue.
Mr. Taylor's opinion was that city management
promoted whomever they wanted to promote, and then
they made up a reason for the promotion. lif tbly,
there vas the lame of economics "'blab bad been
2
7/7/75
given excessive attention in the press. The city
has offered what it calls 8Z; but this is actually
a 6'Z pay increase, with most of the rest of the
amount being increased costs of the present
benefits. The Union's demand is for a 13% pay
increase, a six-month consumer price index
escalator, and about 7% in benefits - primarily
retirement improvements. Mr. Taylor noted that
the biggest difference in the Union and city
positions vas that the Union's position was nego-
tiable and the city's was not. The strike was
being very costly to the city. The city and its
allies at The Palo Alto Times tried to keep up
the appearances of highly visible facilities and
services and have pretended that the strike has
not affected the city. The Union members were
beginning to wonder if the city was conducting an
experiment to find out whether or not it really
needed mrnagemeut. For instance, Mr. Taylor
wondered who was running the Police Department
while Chief Zurcher was hawing lawns and working
in the dispatching center. He also wondered who
was running the Budget and Staff Services opera-
tion while Clay Brown was checking driver's licenses
at Foothill Park. According to Mr. Taylor, it was
entertaining for the pickets to see management
doing real work; but such activities were taking
their toll on facilities and equipment, The Union
felt that the city was hiding the real cost of the
strike from the public. Mr. Taylor commented that
the Union members were prepared for a long strike
if that were necessary, but they were also ready
to negotiate whenever Council gave its negotiators
authorisation to participate in negotiations. If
the city wanted to hold out until management people
dropped from exhaustion, the employees were ready
to continue the strike. If the city was willing to
negotiate, perhaps the situation could be brought
to a close so that people could be back to work
after a few days of solid negotiating. Mr. Taylor
concluded big remarks by complimenting the behavior
of the city management during the strike. Manage-
mesat was aware that the strike would be over
someday; and they, like the Union, wanted the
wounds to heal az quickly as possible. The
Union members hoped and expected that this
civilised approach would last throughtout the
strike.
2. Claire Smith, The Collective, represented The
Spirit of '76 and The Ghost of Democracy. She
stated that tba history of the present empire
and its representatives vas a history of repeated
injuries with the objective being that of having
tyranny over the people. Ms. Smith said the
present empire had plundered the seas, ravaged
the coasts, burned towns and destroyed the lives
of the people. It has refused to institute
programs that would be most wholesome for the
public good. Instead, it has erected a multitude
of mem offices amd seat out swarms of officers to
basses the people. Segal other ambers of The
Collective joined Ws. Smith is singing gongs that
expressed their grievances.
3
7/7/75
J.
Diane Raleigh, 330 Ventura Avenue, said she
represented a group of workers, students, and
community people who came together as a direct
result of the City Council's action concerning
The Collective Drug Center and other social
service programs. She stated than this group was
united in the belief that Palo Alto should be a
place where all people could live. Ms. Raleigh
remarked that the four newly -elected Councilmembers
were elected on a platform of lies about their
opposition candidates and TLe Collective, and thie
was accomplished with the cooperation of The Palo
Alto Time. Besides using scare tactics to win
the election, the new Councilmembers clouded
over the real issues; and these were child care,
low/moderate income housing, rent control, mass
transit, and other programs that improved the
quality of people's lives. It W48 Ma. Raleigh's
opinion that the Council once aga:.1 was a pawn
for the Stanford Trustees, indestrialists, land
speculators, and bankers. She noted that over
75% of the people who work in Palo Alto could
not afford to live in Palo Alto. M.s. Raleigh
pointed out that over 101; of all existing
defense contracts are in the area between San
Jose and San Francisco. Many white-collar workers
live in this area, and they can afford to buy
expensive homes and condominiums in Palo Alto.
Palo Alto's homeowners were in a gcod situation
with regard to taxes, white the commuting worker
paid dearly. Workers, especially Third World
Workern, have been forced out of Palo Alto; and
they are welcome only during working hours when
their sweat can produce profits for the city's
ruling class. Me. Raleigh remarked that the City
Council wax not willing to negotiate during the
present strike, and Councilmembere Eyerly and
Witherspoon have taken on the lost form of
reactionary politics by working for the city
during the strike.
aaseat Calendar - Action Items
Mayor Sher asked if Council were ready to vote on the Consent Calendar.
Councilman Clay asked that Item 2, which was the ordinance concerning
refuge disposal fees, be removed from the Consent Calendar.
Councilman Bsrwald asked that Item 3, which vas the ordinance concerning
the setting of various fees, be removed f►-oa the Consent Calendar.
heat 1, 4, 5, and 6 of the Consent Calendar were the following:
Ordinance re Greer Park (CMR:359:5)
ORDINANCE MO. 2861 entitled "ORDINANCE
OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING SECTION 22.08.010 OF Th3 PALO
ALTO MUNICIPAL CODE RELATING TO JOHN
LUCAS GREER PAW (FOLLY DENOMINATED
Ammo A PhU)"
4 Lf
7/7/75 '
Planni . C •_ son
urewtommisA
Planning Commission recommends the addition of an exception
procedure to Palo Alto Municipal Code Chapter 16.24 (Fences)
and finds that no significant environmental impact will
result from this action.
prdinance re Fences
ORDINANCE OF THE COUNCIL OF THE CITY OF
PALO ALTO AN2NDING 16.24,120 OF THE PALO
ALT:' MUNICIPAL COD REGULATING FENCES
(1st reading)
San Francis•uito Creek
•
at Waverley i1 ow. • Ace, (Q4R:384: 5)
Staff recommended that Couicil.apprave contract documents.
The Consent Calendar action items were adopted or approved on a unanimous
vote,
ton of A reciation
t ci M er earson
MOTION: Mayor Sher introduced the following resolution and moved,
seconded by Bervald, its adoption:
RESOLUTION NO. 5108 entitled "RESOLUTION
OF THE COUNCIL OF THE CITY OF PALO ALTO
CpMMENDING THE OUTSTANDING PUBLIC SERVICE
OF COUNCIL MEMBER ENID PEARSON"
The resolution was adopted on a unanimous vote.
Mayor Sher presented a copy of the resolution and a plaque to Mts.
Pearson.
Mrs. Pearson made the following statement:, "I would like to thank
a number of people in my life. I would like to that&k my family,
the city staff, the city workers, and two people I worked with in
1971 - Sylvia. Selman and Alan Handersoa. We have child caro and the
piggyback program because of Sylvia. The piggyback program was hikhly
controversial, and it is highly successful. Because of Alan there
has bean better scrutiny of the budget than in any other Council
I have known in the last eaei$htssu years. Aiao, there is a new budget
format that almost anybody can understand. I would like to thank
those people who elected me to City Council three times in teen years
and who made me the top vote -getter twice. I would like to thank
those people who voted for me lust time. It took coursese for those
people to vote for me in api+,s of whatthey beard. Lastly, I would
3 tkee to thank my colleagues with whom I served; and I wish you all
"good luck". I think you will probably leave here a lot humbler
than when you were elected; and if you dam not, then the voters and
the residents aro not doing their job. Thank you very much."
5
7/7/75
On behalf of the Council, Mayor Sher wished Mrs. Pearson well in her
future activities.
Resolution of A reciatioa to
ounc er anHenderson
MOTION: Mayor Sher introduced the following resolution and moved,
seconded bif Norton, its adoption:
RESOLUTION NO. 5109 entitled "RESOLUTION
OF THE COUNCIL OF THE CITY OF PALO ALTO
COMMENDING THE OUTSTANDING PUBLIC SERVICE
OF COUNCIL MEMBER ALAN HENDERSON"
The resolution was adopted on a unanimous vote.
Mayor Sher presented a copy of the resolution and a plaque to Mr.
Henderson.
Mr. Henderson made the following statement: "The last four years
have been the most exciting and rewarding experience of my life.
t am grateful for a number of people. My first appreciation goes,
of course, to my wife, Pat, for her support. I Am very grateful
to the 1971 voters for having given me the opportunity to serve in
this capacity. I feel no need to apologize for anything, and I am
very proud of the accomplishments of this Council over the the past
four years. Knowing that 1 had at least a small part in preserving
the foothills is, in itself, sufficient satisfaction for me. I also
appreciate the very good feeling that has existed on this Council
especially during 1971-73, which was a transition period for some
Council Members who went from a majority to a minority position.
There was cooperation; and I am indebted to John Beahrs, John Berwald,
Stan Norton, and Bill Clark. One thing haw bothered me, and I will
have to comment on that. I found myself not concerned about my own
welfare or sy own loss after the last election, but I felt very "down"
*bout the campaign system. You cannot make derogatory statements
in everyday life without having to face some consequences, but anything
goes in political campaigns. I think that has to be changed. For
example, there was a flyer which came out the last week of the campaign
that listed eleven things that the past Council either had tried
to do and did not manage to get away with or that it succeeded in
doing. I have done considerable research on that particular document.
Of the eleven items, one was true. We did support and put through
a licensing ordinance for apartment owners and managers. There was
one other item teat was an exaggeration or distortion, but there
were nine items that were totally false; and I have those completely
documented. I find that I cannot operate in such s manner, and I
do not think that most people tau. It seas that when people get
into politics, their values change. I debated whether to give up
because I could not handle that or to try to change the system.
My conclusion is to. try to change the campaign system; and 1 think
everybody vents open, honest, straight -forward campaigns. I hope
all of you will join with me in coming up with some solution so that
we can all be good, decent human beings at all times - even when
campaigning. I feel a great loss for Palo Alto in the persons of
three people; and I think they are dramatic axsmples of the inadaiquaaci4s
of our campaigning system. Sylvia Semen was a totally dedicated'
Councilmember. I used to talk about ray forty hours a week on Coum.il
business; but Sylvia put in fifty to sixty hours every single week
during the time that she perved, and she dial Complete research that
was extremely valuable for other Councilmembere. Dick Rosenbaum
is a totally honest, fndspeedest gentlemen who would never be involved
in any fora of low politics. I have `rest admiration for hie. Enid
6
7/7/75
Pearson is a remarkable person, and I think history is going to show
that she made more positive contributions to Palo Alto than any other
Councilmember in the city's history. It is very sad for Palo Alto
to lose people like that. I think the community should be begging
such people to run for office rather than throwing them out. As
a final point, I want to thank the members of the city staff through
Nr. Sipel. One nf the wisest decisions made by our Council was the
selection of Mr. Sipel as _Palo Alto's City Manager; and I have been
tremendously pleased with the cooperation, devotion, ability, and
professionalism of all the members of the city staff. They certainly
made it possible for an ordinary man to come out of the community
and operate with some effectiveness on the Council. I would like
to edd a special "thank you" to Ann Tanner and all the people in
the City Clerk's Office. I wish Council, individually -and collectively,
well. You made a number of promises, and I expect to be on hand
much of the time to see that you carry them out. Thank you very
much."
Mayor Sher said that Mr. Henderson's departure was a great personal
loss to him. He had been at Mayor Sher's right hand during the past
year and had helped him through some interesting, and sometimes difficult,
meetings. No Councilaeaber has ever been more dedicated or had a
higher sense of integrity than Alan Henderson. Mayor Sher agreed
with Mrs. Pearson'ss comments that Mr. Henderson had made a lasting
u rk on the city by making the budget a document that could be understood
by everyone, not just Councilm&mbers.
Resolution of reciation to
t4 touncii ober lilc r 6011 aim
MOTION: Mayor Sher introduced the following resolution and moved,
seconded by lleahrs, its adoption:
RESOLUTION NO. 5110 entitled 'RESOLUTION
07 THE COUNCIL OF THE CITY OF PALO ALTO
COMMENDING THE OUTSTANDING PUBLIC SERVICE
OF COUNCIL FFIER RICHARD ROSENBAUM"
The resolution was adopted on a unanimous vats.
Mayor Sher presented a copy of the resolution and a plaque to Mr.
Rosenbaum.
lir. lbseabata undo the following s taterect : "As they say, it was
a privilege and a pleasure; but it was certainly a rare opportunity
to be able to serve on a City Conseil. This is an opportunity which,
obviously, very few citisens can participate in; and I did appreciate
it. The farthest thing from my mind when I cam out to Palo Alto
to pursue my engineering career wee tirtt I would ever get into politics.
I am from "Fun City" originally, and politics was something you read
about in The New York Tim"; and it was not sarsthiag that *arms
I aver knew got involved in. It has been a pleasure to work with
sy •Camcil colleagues and with the city staff. Whatever one beaus
about goverment in other places, I cat say that Palo Alto has a
remarkably competent staff. It has bon a pleasure to work with
you all, and I visa you all well."
Mayor Shea' felt that evsryoos on Council would alas Mt. Rosoabaumi's
wieder', rstioaale, and good honor.
7
7/7/73
Election of Mayor and Vice Mayor
Mayor Sher stated the following procedure, which had been used traditionally
for the election of Mayor and Vice Mayor, would be used at this meeting
unless there were an objection from a majority of the Council. The
Mayor and 'the Vice Mayor will be elected for one year terms; no nominations
are made; vote is by secret ballot; the Mayor Will appoint two Council
members to act as Ballot Clerks; a majority vote is necessary to
elect each officer (See Charter Article III, Section 7, and Palo
Alto Municipal Code 2.04.370); successive ballots will be taken until
same one candidate receives the necessary five votes; both officers
(Mayor and Vice Mayor) must be elected at this meeting since the
Charter provides that they will be elected at the first meeting in
July (Charter Article III, Section 8); anc! the Mayor will be elected
first.
Mnyor Sher appointed Council Members Anne Witherspoon and Scott Carey
to serve as Ballot Clerks.
Results of First Ballot:
Beahrs 1
Berwald 1
Carey 1
Clay 1
Norton 3
Sher 1
Results of Second Ballot:
Beahrs 1
Berwald 2
Clay 1
Norton 3
Sher 1
Results of Third Ballot:
Beahrs 1
Berwald 1
Clay 1
Norton 5
Mayor Sher declared that Councilman Norton was the new Mayor.
Mayor Sher felt curtain that Councilman Norton would find his new
position a challenging and rewarding one, and that ha would enjoy
the year. Mayor Sher thought the most rewarding part of the job
vas the opportunity the Mayor had to work with the city staff and
all the employees of the city. Couacilmeabers came to know Ann Tanner
the best be^.aause the City Clerk has the closest connection with Council;
and Palo Alto was iortunete to have the best City Clerk in the state,
and possibly in the nation. Tba Mayor is also fortunate +.n being
able to work with the other three Council -appointed Officers. the
City Manager, the City Attorney. and the City Controller. Messrs.
Sipe', booth, and Mitchellvere first-rate people doing a first-rate
job; and Mayor Sher appreciated the help they had given him throughout
the year. Mayor Sher enjoyed the opportunity of getting to know
department heads and those who worked in the various departments,
and it had been his pleasure to work with them on such projects as
the Refuse Disposal Area sod the Yacht limbos. Be vishad the new
Moor "good luck" and offered his help is the coming years
8
7/7/75
Mayor Norton appreciated the support of his colleagues and their
show of confidence in him. He said he felt gratified and humble
about the opportunity of serving Palo Alto as its Mayor for a year.
Mayor Norton wanted to personally affirm the resolutions of appreciation
to outgoing Councilmembers Henderson, Pearson and Rosenbaum. He had
served with them is varying ways and over varying periods of time,
and he had a great deal of personal respect for each of them. Mayor
Norton's'upinion was th€t they had all made impressive contributions
to the city. He welcomed Councilwoman Witherspoon and Councilmen
Carey and Eyerly to Council and congratulated Councilman Clay for
winning his four-year term. Mayor Norton looked forward to working
with the new Council. There was a challenge ahead, and he hoped
Council would be able to meet it effectively. Mayor Norton thanked
his colleagues for giving him this opportunity to serve the city.
Mayor Norton stated that the balloting for Vice Mayor would begin.
Results of First Ballot:
Beahrs 2
Berwald 2
Clay 3
Witherspoon 1
Results of Second Ballot:
Beahrs 2
Berwald 2
Clay 3
Witherspoon 1
Results of Third Ballot:
s3eahrs 3
Berwald 2
Clay 3
Results of Fourth Ballot:
Beahrs 3
Berwald 1
Clay 4
Results of Fifth Ballot:
Beahrs 3
Berwald 1
Clay 4
Results of Sixth Ballot:
Beahrs 2
Berwald 1
Clay 5
Mayor Morton declared that Councilman Clay had been elected the pew
Vice Mayor of Palo Alto.
Mayor Morton congratulated Councilman Clay upon his election to the
office of Vice Mayor. Also, he wished to acknowledge the service
of two of his own predecessors - Byron Sher end T.irke Comstock.
It vas Maier Merton's hope that be mould be able to emulate their
petrforaanea ins the efficient conduct of city business; and be congratulated
both of them for their long, bard, serious devotion to public service.
9
7/7/75
j�1 c Hear ng California Avenue District
ff-Atreet Parkin: Floec o. �4 , .8:5)
Mayor Norton stated that because items 11 and 12 on the agenda involve
the same property, the City Attorney had advised that the Public
Hearing on both could be held simultaneously.
MOTION: Mayor Norton moved, seconded by Sher, that item 12 on the
agenda be considered with item 11.
The motion- passed on a unanimous vote.
Mayor Norton stated that this was the time and place set for a public
hearing on Changes in Modifications California Avenue Off -Street
Parking Project No. 60-8 and Vacation of a portion of Peral Lane,
and he declared the public hearing open. Mayor Sher asked that the
record show that the City Clerk has on file affidavits of publication
of the Resolutions of Intention and in the case of abandonment of
a portion of Peral Lane, a certificate of posting. He asked Miss
Tanner, the City Clerk, if there were any written protests. Miss Tanner
responded that there were none. Thera being nn one in the audience
who wished to be beard on this matter, Mayor Norton declared the
public hearing closed. He then stated that staff had requested that
action on these two items be continued until the next Council meeting,
per -ding execution of an agreement for sale of the parking district.
land.
MOTION: Councilman Carey moved, seconded by Berwald, that these
two items be continued to the meeting of July 14, 1975.
The motion to continue passed on a unanimous vote.
Ordinance re Fees for Refuse Disposal_(CMR:371:5)
Vice Mayor Clay took this opportunity to thank his colleagues for
selecting hiu* to serve as Vice Mayor for the coming year. He said
he had served as Councilman over the past two years with great personal
satisfaction and had learned a lot frog those who had spent more
tine on Council than he. Vice Mayor Clay accepted his new position
with humility, and he said he expected to serve all the people of
Palo Alto in the fabhion that he best knew how. Regarding this item
on the agenda, Vice Mayor Clay recalled that he voted against the
ordinance on first reading. He thought it was a bit premature to
enact such an ordinance; and if Council wanted people to use the
refuse disposal area intelligently, it might try other iuceutives
that would be more positive than establishing a fee for uae of the
dump. Vice Mayor Clay pointd out that it had been a long tradition
for residents of Palo Alto to use the dump at no cost, and he would
like to see that continued. He stated he would agDin vote against the
ordinance.
MOTION: Councilman Baehr* introduced the following ordinance and
novel; seconded by Sher, its adoption:
ORDINANCE NO. 2862 entitled "ORDINANCE
OF TEE COUNCIL OF THE CITY OF PALO ALTO
AMENDING SECTION 5.20.230 OF THE PALO
ALTO MUNICIPAL CODE TO ADD FEES AND TO
ALLOW FOR ADJUSTMENT AMONG TH$ EXISTING
FEES IN CERTAIN REFUSE DISPOSAL AREA
CLASSIFICATIONS AND TO ALLOW FREE REFUSE
DISPOSAL IN MSS SAME CLASSIFICATIONS
WIDER CBRTAIJ CIRCUMSTANCES"
1 0
7/7/75
Councilman Beahrs realized it was somewhat offensive to have to pay
money to use the dump, but he thought it was important for the community
to realize that the space available for solid waste disposal was
in a state`of diminishing supply. The charging of a fee would register
this fact to the public; and if there is not to be a tax rate increase
in the city, Councilman Beahrs thought provision should be made for
alternatives to current processes, and this charge of a fee would
raise funds to make appropriate studies for future solid waste disposal.
Councilman Sher took a moment to welcome Councilmembers Carey, Eyerly,
and Witherspoon to Council; and he said he looked forward to working
with them. Concerning the matter under discussion, Councilman Sher
urged hisrcolleaagues to vote in favor of the ordinance. He noted
that the ordinance changes the fee schedule for large scale users
of the dump and non-residents, as well as for residents. Secondly,
the charges would be below those of most refuse disposal areas.
Finally, Councilman Sher commented that this was part of the revenue
package that was considered and adopted when the expenditure part
of the budget was adopted; end if these fees were not adopted, Council
would have to delete corresponding expenditures.
The ordinance was adopted on the following vote:
AYES: Beahrs, Berwald, Carey, Eyerly,
Norton, Sher, Witherspoon
NOES: Clay
ordinance Satt.ir Various Fees
Before discussing the fees to be set by the ordinance, Councilman
berwald congratulated Mayor Norton on his election as Mayor. He thanked
Councilman Sher for his service as Mayor and said he looked forward
to the next year under Mayor Norton's leadership.
Councilman Berwald explained that he asked that this item be removed
from the Consent Calendar because he opposed section (1), section (2),
and parts of section (3) of the ordinance. There were many ways
that money+ was extracted from the pockets of the unsuspecting public;
one of these was fro taxes, and another gas from fees and licenses.
In the absence of a good reason for increasing the fees other than
more stoney was needed, Councilman Berwald was philosophically opposed
to h€g#uar fees. \the present foe for a soliciting license was $100
per year, and this ordinance would make that fez $300 per year.
The quarterly fee would go up from $50 to $90, end the daily fee
would'"go from $5 to $li. Councilman Berwald was not aware of any
problems with solicitors or peddlers that would be solved by increasing
the licensing charges; in feet, the higher fees would further diminish
the opportunities of many people wl.o had good legitimate products
and services from participating in their chosen businesses. With
regard to section (2) of the ordinance, Councilman Berwald was not
aware of any problems with auctioneers; and yet, the auctioneer fee
was being increased from $10 per day to $10O per day, and from $400
per year to $500 per year. In Councilman lerwald's opinion, that
was unjustified. Section (3) dealt with the fess charged to taxi-
cabs; and the new ordinance would require that each taxicab, after
the first one that was licensed, be licensed at a $10 charge. Councilman
Berwald commented that the taxicabs were providing additional services
to help improve transportation services in the county, and he felt
a doubling of the licensing fee for taxicabs tae unwarranted at a
time when people operating taxicabs w re hawing problems staking ends
meet.
11
7/7/75
MOTION: Councilman Berwald introduced the following inance and
moved, seconded by Sher, its adoption:
ORDINANCE NO. 2863 entitled "ORDINANCE
OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING CERTAIN SECTIONS OF THE PALO
MUNICIPAL CODE SETTING VARIOUS FEES"
AMENDMENT: Councilman Berwald moved that the section of the ordinance
providing for the increase in fees for auctioneers be deleted:
The amendment failed for lack of a second.
AMENDMENT: Councilman Berwald moved that the section of the ordinance
providing for the increase in fees for taxicabs be deleted.
The smendment failed for lack of a second.
AMENDMENT: Councilman Berwald moved that the section of the ordinance
providing for the increase in fees for solicitors be deleted.
The amendment failed for lack of a second.
Councilman Eyerly asked how long it had been since such fees had
been raised.
Clay Brown, Director of Budget and Staff Services, responded that
the fees had not been raised in the past two years; and some of the
fees had not been increased for five or six years.
Councilman Eyerly's opinion was that in view of the inflation, the
fees should go up; and he would support the ordinance.
The ordinance was adopted on the following vote:
AYES: Beahrs, :arey, Clay, Eyerley,
Norton, Sher, Witherspoon
NOES: Berwald
all,44a11114"1"ell"
truction tract (CMR:349:5)
AMMWMEMO
MOTION: Councilman Sher moved, seconded by Witherspoon, that Council
find that the project has no negative environmental impact and that
the Mayor be authorized to sign the construction contract with King
Enterprisea in the amount of $41,589.
The notion passed on a unanimous vote.
al enter roveerent Phase III -
3: 5)
MOTION: Mayor Norton moved, seconded by Beahrs, that Council find
this project has no negative environmental impact and that the Mayor
be authorized to sign the construction contract vitb Hodgson Construction
in the amount of $21,130.
The motion passed on a unanimous vote.
12
7/7/75 j''
Proposed Raisilts of Levees
at Palo Alto Flood Boa► n :381:5)
MOTION: Councilman Berwald moved, seconded by Clay, that the Mayor
write to the Army Corps of Engineers requesting that action not he
taken on the permit application of the Santa Clara Valley Water District
until the Citizens Advisory Committee, the Planning Commisaion, the
Architectural Review Board, and the City Council have had an opportunity
to review the Environmental Impact Report, and the preliminary plans,
such letter to be received by the Corps of Engineers before July
13, 1975.
Councilman Beahrs feared that this sction would delay the project,
and he was concerned about the consequences if there should be a
one hundred year flood this coming winter.
Bernard Pawloski, Director of Public Works, responded that the project
was scheduled for construction next spring.
Councilman Beahrs asked for assurance that the schedule would still
be met in opite of this proposed action.
Mr. Pawloski stated that this action would not delay the project.
The motion passed on a unanimous vote.
Re•ort of it Attorne and
r nance re e cca n
eon a e st a u
Robert Booth, City Attorney, stated that this project being carried
out by the County of San Mateo would result in a replacement of a
wood -stave sewer with modern equipment. There would be an improvement
in the water quality as a consequence of this change, and there would
be fewer unpleasant leaks in the Palo Alto Baylands. The sewer would
not be as visible to the public as it had been since there would
be less surface structures.
MOTION: Councilman Berwald introduced the following ordinance and
moved, seconded by Clay, its approval for first reeding:
ORDINANCE OF THE COUNCIL OF THE CITY
OF PALO ALTO APPROVING AND ADOPTING
A PLAN FOR THE IMPROVEMENT OF BYYBEE
PARR AND THE CITY -OWNED BAYIANDS
JOHN FLETCHER BYEBEE RECREATION AREA)
AND APPROVING AN EASE TO RELOCATE A
SANITARY SEWER EASEMENT OF THE EAST PALO
ALTO SANITARY DISTRICT
The ordinanr..e was approved for first reading on a unanimous vote.
tin sittsa tTist t :e ub set
•
NOTION: Councilman Sm.1 rs coved, seconded by Sher, that this subject
be tabled.
13
7/7/75
The tabling motion passed on the following vote:
AYES: Beahra, Carey, Clay, Eyerly,
Norton, Sher, Witherspoon
1
NOES: Berwald
Re u s of Councilman Berwald that
Staff be Directed to Pre are a Re ort
rem■.► ee ouse n t a ve_
Councilman Berwald said he would not pursue this matter at present.
He was somewhat piqued at the motion to table the last subject since
tabling motions were not customarily used to deny a debate on a matter
that is of interest to the people of Palo Alto which, in this case, is
the expenses of city employees. Councilman Berwald explained that
he asked for a report on the Coffee House Initiative for several
weeks, and.the matter was continued. He had hoped to see a very
simple report on the cost of operation, usage of the facility, noise
problems,`behavioral problems, and problems with the police. Councilman
Berwald said he would not move any action on this item.
Councilman Sher remarked that be seconded the cabling motion_ on the
previous mstter because no one responded to Mayor Norton when he
asked for comments. If someone wanted to pursue this item frxn the
Finance and Public Works Committee, Councilman Sher would support
any motion to lift the subject from the table.
Councilman Berwald stated that he would bring up the matter at another
time.
Councilman Beahre asked if, in light of the strike, the Coffee House
were open.
George Sipel, City Manager, said there were no pickets the last time
he was at that facility; and he would find out definitely if the building
were open.
Councilman Berwald withdrew this items from the agenda.
Councilman Bsahrs felt it would be appropriate for staff to make
a final report on this subject for Council.
Mr. Sips commented that Council would receive such a report as c
matter of course.
Councilman Berwald withdrew this item from the agenda,
2rs2 Communications
1. Frank Fiala, President of the Palo Alto
International Association of Firefighters.
spoke in support of those in the SERI
representation unit. Re hoped to sae the
strike ended as soon as possible. For one
thins. there was besisning to be an effect on
1 4
7!7!75
employees not directly involved in the strike.
Mr. Fiala asked that Council give directions
that negotiations proceed.
2. Mayor Norton thought this an appropriate time
to announce the following policy statement
which was arrived at during the Executive
Session: "The City Council has met in
Executive Session and reviewed the status of
the SEIU strike situation including the policy
direction given to the City Manager by the
previous Council. No new economic authoriza-
tion has been given to the City Manager. The
City Manager and his designated negotiating
team represent the City Council in all employee
relations matters, and contacts with regard to
resumption of negotiations should be made
through the City Manager or his chief negotiator."
3. John Wofford, 845 Tamarack Street, an employee of
the city for fifteen Years, stated that those employees
on strike did not wish to destroy the city; but they
did have some legitimate demands. Mr. Wofford did not
feel the employees should ever feel threatened by a lay-off;
and he pointed out that one of the reasons the city
provided good services was because it had good
employees. He asked Council to look at new
approaches in order to solve the present problems.
4. Jean Slocum, 1990 Cowper Street, requested that
private school studenta who lived in Palo Alto or
went to school in Palo Alto be permitted member-
ship and participation in the Youth Advisor
Council. Mrs. Slocum reported that her daughter
had sent a letter to the city some time ago asking
that such action he taken. Vice Mayor Clay stated
that this matter was still with the Youth Advisory.
Commission with uo action having been taken.
Councilman Berwald said he would like to see a
copy of the letter, and Mr. Sipel responded that
copies would be made available for Councilaembere.
5. John D. Snow, 105 Lowell Avenue, reiterated his
plea to Council that the Veterans' Building receive
necessary painting, roof repair, etc. With regard
to the strike, Mr. Snow suggested that the city
give its employees a 72 increase, havethen come
back to work, and then go on with negotiations.
6. Frank Manfredi, 219 Addison Avenue, spoke
in support of the city strikers and said they
needed a cost -of --living increase just as such
au everyone else. Mr. Manfredi stated. that in
the present situation, there should be give and
take; and Council should make certain that there
would be an adequate bargaining session.
7. Robert Moss, 4010 Orme Street, said he repre-
sented the resident and the taxpayer who were
in the middle as far as the strike vas concerned.
He commented that his own taxes went up 16.62 in
one year; and although Mr. Mons felt the city
15
7/7/75
employees needed fair salaries, he did not like to
think that the increases would come out of taxes.
He thought it was necessary that employees be
laid off in difficult times, and New York City
was bankrupt partially because the city is
prohibited from laying off any workers. Mr.
Moss asked Council to urge a resumption of nego-
tiations.
8. Harrison Otis, 909 North California Avenue,
commented that there were many dedicated
employees in the city. However, the residents
did not like to see the city deteriorating in
various ways as a result of the strike; and Mr.
Otis volunteered to work in any capacity until
the strike was over.
i
1
9. Gerry McQueen, 275 Ventura Avenue, announced
that due to observations made during the last
municipal election, an organization was being
formed to break the political bloc that now
existed in Palo Alto, to insure full repre-
sentation for all citizens of Palo Alto, to
assist independent candidates in their
efforts to achieve a fair and equitable
opportunity to win an election, and to be a
watchdog for the City of Palo Alto and other
cities against those who would use the staff
of their cities and the members of their
community service organizations to serve their
own ends. Ma. McQueen stated that anyone
interested in this organization should contact
her or David Jeong.
10. Philip Lexey, 459 Homer Avenue, said that the
cost -of -living increase according to the
federal government was 13.72. City strikers
were being offered a 6.52 increase by the city
when a fair increase, considering all factors,
would be approximately 142. Mr. Lexey asked
Council to do what it could to solve the strike
and heal the wounds as quickly as possible.
Adjournment
The meeting adjourned at 10:40 p.m.
ATTEST: APPROVE:
1
City Clerk Mayor
16
7/7/75 .