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HomeMy WebLinkAbout07141975Regular Meeting July 14, 1975 ITEM PAGE Oral Co®snmications 1 8 Consent Calendar - Action Items 1 9 Report of City Attorney re Paral Lane and Sale of Parking District Land - (San Francisco Federal Savings) and Resolutions Pertaining Thereto Resolution re Stop Sign System Updating Renewal of Lease: Palo Alto Ambulance Service Request of Councilman Eyerly that Council Periodically Schedule A Committee of the Whole Meeting Recess to Executiv►. Sesta= Adjournment Special Executive Session - July 17, 1975 17 7/14/75 2 0 2 0 2 0 2 0 2 3 2 3 2 4 1 July 14, 1975 The City Council of the City of Palo Alto met on this date at 7:40 p.m. in a regular meeting with Mayor Norton presiding. Present: Beaters, Carey, Clay, Comstock, Eyerly, Norton Witherspoon Absent: Berwald, Sher (Councilman Berwald was absent because of a death in his family.) Oral Communications 1. Kit Taylor, 499 Hamilton Avenue, represented Service Employees' International Union, Local 715. Since speaking to Council at the July 7, 1973, meeting, Union negotiators had met with City negotiators almost daily to reach agreement on as many issues as possible. Mr. Taylor reported that both the Union and the City had moved away from previous positions which was indicative of a spirit of compromise, and the continu- ation of that spirit depended upon Council. Union security was still a very serious issue, and no progress had been made in that area since the negotia- tions started. Mr. Taylor explained that the Union: had proposed en "agency shop". This wuuid not make Union membership aaxidatory, but it would require that all persons who directly benefit from Union negotiations pay for such services. Mt. Taylor said that a yereon covered by the contract could elect to pay dues and be a member of the Union or elect to pay a representation fee and not be a member. The city has offered no more than to re-establish the lanaisse of the recently expired contract on maintenance of membership. A second issue related to the job security of tibe individual members of the Union. Par. Taylc:c stated that the Union had dropped some of the proposals in this area, and a tentative agreement had been reached on others. The one that remained unresolved concerned contracting out of services notmally performed by -Union members, and the Union's - proposal would mean that no one presently employed would be laid off dam to the City's contracting out of that employee's job. This proposal sddreseed itself to than most basic concern ragcrding jobs being contracted out, and that was the fear of the employees that their jobs would be abolished and taken over by a profit ins, private coal' ny. Mr. Taylor noted that some progress had been mat4 reseeding Union representation of casual employees, or the City's part-time work force, in that the La= has tentatively accepted the City's proposal to study the problem with Union input. The Union would like all casual employes* to have access to the Union 111 7/14/75 Grievance Procedure and have the right to voluntary payroll deduction of Union dues. Mr. Taylor commented that the proposal was for the Union to represent casual employees as individuals, and this would not conflict with their right to seek or reject collective representation in some other form. The Union proposal would guarantee casual employees due process in their relations with their employer, but Mr. Taylor pointed out that the proposal would not guarantee casual employees any of the economic benefits which regular employees have. He added that the issue ie one of individual rights, and it would not cost the city anything. Speaking to the economic aspect, Mi. Taylor reported there had been no change in the positions of either the City or the Union since last week. The City continues to state that its 8% offer is non-negotiable. The Union still has a proposal that would cost about 20%, and it has continually advised city negotiators that that proposal was highly negotiable. Mr. Taylor remarked that the Union wac ready to get down to serious negotiation's on the economic issue, and he asked Council to change its position on economics and state that its proposal in this area is negotiable. In Mr. Taylor's opinion, Council held the power to settle the strike. 2. Mrs. Ethel Anderson welcomed the new members of Council and wished them inch success in their endeavors. Respond- ing to a comment that had been made under Oral Communica- tions at the meeting of July 7, 1975, Mrs. Anderson stated opposition to the idea of ever boycotting the downtown merchants. She expressed her appreciation for the services provided by the merchants. 3. Frank Manfredi, 219 Addison Avenue, stated his amazement at finding that the city had not as yet reached an agree- ment with its employees. In Mr. Manfredi's opinion, union security was the most important thing; and there should not be a lot of freeloaders receiving benefits that were the direct result of the efforts and contributions of others. Mr. Manfred also spoke about his concern with regard to the increase in the cost of gasoline, and his own feeling was that gasoline should be nationalised. 4. Michael J. Demeter, 1841 Bay Road, representing Yellow Cab Company, addressed Council about the 1002 increase in licensing fees for cabs. The cab companies had coffered financial losses because of the county's Dial - A -Rids system. That system was no longer in operation, but there still was the problem of the high cost of fuel. Mr. Demeter thought the license fee was an unfair one, and he did not see why some companies had to pay a license fee when others did not. He asked Council to reconsider the increase that had bean established since, in his opinion, the licensing fees were highly discriminatory. Consent Calendar Action Items Mayor Morton asked if Council were ready to vote on the Consent Calendar. The fnllovi*.tg items were left for approval on the Consent Calendar. 19 7/14/'3 Report -,f Ciev /:*-terns re Feral Lane and of Farkin -Distr ct n an rancisco Federal Savings) and Reso utions ert*a n ng ereto Staff requested that these two items he continued until the date when the map has been recorded. Resolution re Stop Sigma Uodatine ( :389:5) RESOLUTION NO. 5111 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING RESOLUTION 4291 CHANGING THE CITYWIDE STOP INTERSECTION SYSTEM AND MAP" The Consent Calendar items were approved and adopted on a unanimous vote. Renewal of Lease: Pa (CMR:382:5) POTION: Councilman Beahrs moved, seconded by Comstock, that the lease agreement be approved and the Mayor authorized to sign the lease. Councilman Carey asked how many square feet were contained in the building. City Manager George Sipel responded that this information was not in the lease agreement and that he would find out the size involved and report that to Councilman Carey. The motion passed on a unanimous vote. Rejuest of Councilman E gem i„ i ti p ��Cbunc�i eriedicall Schedule.�i .L:oOmE1ttee of the A e �et1A� aea��■ir■�a■a�.m■s■.n�.�y CounciimaM- Eyerly felt that the setting of city policy was not completed by budgeting money or by passing ordinances and resolutions. He thought the Council needed opportunities to discuss philosophies and policies and to give further direction to staff on particular issues and problems. It seemed to Councilman Eyerly that such meetings did not need to be held on a regular basis at thie throe; but if it were found that such meetings were advantageous, perhaps a set tine could be established sometime in the future. One advantage which Councilman Eyerly saw was the possibility that such meetings might shorten regular Council meetings. He said a change was needed in the procedure for calling a Committe of the Whale meeting. At the present time, such a meeting could be called by a motion at Council level which passed on a majority vote. MOTION: Councilman Eyerly moved, seconded by Witherspoon, that staff be directed to prepare an ordinance to allow the Mayor or four Council members to call for a Committee of the Whole meeting, the four Council members doing so by voting for sucn a motion. Councilman Comstock understood that under the current procedure, the Mayor hes the authority to call a Special Meeting of Council with proper notice. City Attorney Robert Booth said this was correct, but there was no procedure at the present time fnr calling a Committee of the Whole Meeting except by a majority vote of the Council. 20 7/14/75 Councilman Comstock thought that the Mayor's authority could be expanded so that he could call a Committee of the Whole Meeting as well as a Special Meeting of the Council. Mr. Booth agreed that this could be done. Councilman Comstock asked Councilman Eyerly to comment on how he arrived at having four Council members being able to call a meeting of the Committee of the Whole rather than five, which would be a majority. Mr. Eyerly explained that it would be well for Council members of a minority in cumber to be able to call together such a meeting to discuses items that were of importance to them in a less formal way than is permissible under the format of a Council meeting. Councilman Comstock .favored having five people on Council call meetings, since that would mean that at leaat a majority of Council wca willing to attend the meeting. He was concerned that four Council members might attend the meeting and they, along with staff members, could conceivably spend some time on subjects that eventually would not have the support of five members of Council. Councilman Eyarly assumed that if Mayor Norton called a Committee of the Whole Meeting, everyone would attend whether or not they were in favor of it. Councilman Comstock asked if Councilman Eyerly envisioned such meetings being called whether or not there was a specific item to be discussed. Councilman Eyerly responded that no doubt there should be a unique subject in mind than: would be discussed, but he would like it to be poosible for Council members to bring up any subjects they would like to discuss. Councilman Comstock stated that his preference would be for the basis of this idea to require a majority vote of Council. Personally, he was not concerned whether there was a specific subject for discussion that did not fall into the areas of responsibilities of the two Standing Committees, or whether the meeting was for more general purposes. Councilman Comstock did think, however, there would be more Council support if the meetings were held for specific subjects. Councilman $^ahrs stated that due to his own past experiences, he would not be able to support the proposal. Mastings such as were being suggested by Councilmen Eyarly were held in the past when there were fifteen Council members, and thus* in attendance would philosophize by the hour; then everyone would come to the Council meeting and philosophise once again. Altogether, Councilman Beaters thought that M tings of the Whole could be a total waste of time. They should be called for nothing short of issues that ware of serious importance to the entire city. Councilman Clay pointed out that matters have been referred to one of the Committees, particularly the Policy and Procedures Committee, for a public hearing and input from staff. Several hours would be spent on a subject at the Committee level, and the Committee would cone back to Council with recommen4ations. At the Council meeting, the bearing that had been held in Committee would be duplicated; and to that extent, the Committee system had been compromised. Councilman Clay thought this vas the kind of a situation where a Meeting of the 'hole might be requested; and at the time such a matter caue up, it could be determined whether it would be well for the nine Council members to discuss se issue without having to asks a final decision. If four members of Council could call a meeting, Councilman 21 7/14/73 Clay wanted to know how many members would be required to make a quorum for the meeting. He also wanted to know what kinds of issues Councilman Eyerly thought might be discussed at Committee of the Wlv 1e meetings. Councilman Eyerly explained that there should be five Council members present in order to make a quorum. He could see issues of some import being discussed at these meetings before those issues went to Council level. At present, Councilman Eyerly felt there was something of a lack in directions to staff on certain key issues. He reiterated his preference for four Council members being able to call for a Committee of the Whole meeting. Mayor Norton asked if the Mayor could, under the Code, call a Committee of the Whole Meeting as a Special Meeting without the request of five me- ers of Council. Mr. B that f of the ?onded that this could be done. The difference was cial Meeting. Council could take action; and at a Committee Meeting, it would be limited to making recommendations. Councilmr Carey said he would vote against the motion because he did not be,lieve there could be a workable ordinance where a minority could ca•'se acme action to occur which would then be followed by majority rule. For example, if a minority calls a meeting and for any reason the majority did not °.iieh tL attend the meeting. It could make a motion at the outset to adjourn. Councilman Carey was somewhat concerned about having these Committee of the Whole meetings when a Special Meeting could accomplish the same purpose, with the exception that action can be taken at a Special Meeting. If a meeting were a long one, Councilman Carey would very much like Council to be is a position to take action. Councilwoman Witherspoon liked the idea of Council members having an opportunity to get together for a brainstorming session, and she thought it might be interesting at times to have the opinions of nine persons rather than just four as is the case in Committee meetings. In Councilwoman Witherspoon's opinion, the idea was worth trying. As she understood it, however, the process is already provided for in the City Charter; and the motion on the floor suggested that the method be tried out sometime. Mayor Norton explained that at the present time, if four or five Council members wanted to have a meeting, and if ha decided to cell a meeting under the existing authorisation, there would, in fact, be a meeting. If tae proposed ordineecs were to pass, Mayor Dorton would regard his authority to call a meeting at being restricted unless m certain number of Council members at a Council meeting formally requested that there be wash a Committee of the Whole eating. Re said he would vote against the motion because there was the capability now to do what Councilman Eyerly had in mind. Councilman Eyerly commented that he felt strongly that his proposed meetings would result in shortened Council meetings. For the record, Mayor Norton stated tzhet if four or five Council members conveyed to his that they wanted to have a Committee of the Whole meeting, there would be one. The motion failed on the following vote: AYES: Eyerly NOES: Beahrs, Carey, Clay, Comstock, Norton, Witherspoon Recese to Executive Session Council recessed to Executive Session at 8:25 p.m. to discuss personnel matters and labor negotiations. ,Adiournmant The meeting of July 14, 1975, adjourned at 11:00 p.m. ATTEST: APPROVE: 1 July 17, 1975 The City Council of the City of Palo Alto met in a special Executive Session at 7:30 a.m. on this date in the Personnel Conference Room. Notice of this meeting was given verbally by the City Clerk to the Palo Alto Times, San Joss Mercury and USU at 3:00 pp.m. on July 16, 1975. Present: Beahrs, Carey, Clay, Comstock Eyerly, Norton Absent: Bereald, Sher, Witherspoon City Manager George A. Sipel, City Attorney Robert R. Booth, Assistant City Manager Charles E. Walker, and Personnel Director Jay Rounds discussed various natters related to the strike with Council members; and the following conclusions were reached and announced in a ?ress Release, July 17, 1975. "First, it was concluded the Council should not further delay consideration cf a new compensation plan for management employees. Council granted salary increases to management employees of 7.5% across--theboard retroactive to June 22 and gave an addieional 0.2% in fringe benefits. Second, the Council authorized the Casual Compensation Plan to be increased retroactively by 7.5%. Third, the Council authorized the City Manager to adjust by 7.5Z the salaries of uou-striking employees represented by the SEIU bargaining unit for the period of time they work during the strike. The Council regards the current Union demand of 212 total package as totally unrealistic and a barrier to meaningful negotiations. The Council affirms its desire that the management team continue to asset and confer in good faith within the economic authorization aretofore granted. The Council expresses its gratitude to the managemec,t and other naA- striking amployses for keeping most City services available to the public. The Council expresses its thanks to the citizens of Palo Alto for their patience and understanding during this difficult period and assures the public that the Council will do all it can to bring all City employees back to work as soon as possible." The sting vas adjourned at 10:00 e.u. l TT1LST: APP : 24 7/17/75