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HomeMy WebLinkAbout1979-04-30 City Council Summary MinutesSpecial Meeting April 30, 1979 jTEM Oral Communications 1. Mary. Elizabeth Baldwin. 777 San Antonio 3. Frank Manfredi, 219 Addison Avenue Consent Calendar - Action .Items Repairs at !1nivnrsity Avenue Pump Station -- Approval of Consultant Contract (CMR:234:9) Council -Appointed Officer Salaries Underground Utility District No. 20 Crescent Park 1 Underground Conversion (CMR:240:9) Contract re Installation of Carpeting and Painting City Offices (CMR:210:9) University Avenue Offstreet Parking Assessment District -- Award of Consultant Contract (0 :235:9) 'Landfill Closure and Park Design (CMR:238:9) Extension of Recycling Agreement --Palo Alto Sanitation Company (CMR :242:9) Arastradero Road --Safety Improvements --Median Islands (CMR:243:9) John Martens Lane - Naming of Road Leading to Arastra Property (CMR:241:9) Vice Mayor Henderson and Councilmember Fazzino re Gasoline Shortage Situation Councilme ber Fletcher re Community Association for Retarded and Senate Bill 870 Councila ber Sher re Memo from Zurcher/Sipel re Rate Increases for incorrectly Reported Yellow Cab Fares Recess to Executive Session Adjournment 639 4/30/79 PACE 640 640 40 V 6 4 0 640 641 641 641 641 5 4 1 643 644 645 648 6 4 8 5 5 .3 6 5 4 655 655 Special Meeting April 30, 1979 1 8 The City Council of the City of Palo Alto met on this day at 7:45 p.m.in the City Councilchamber, Mayor Carey presiding. PRESEN(: 'dreg r, Carey, Clay (arrived 9:05 p.m.), Eyerly, Fazzino, cletcl'er7 Henderson, Sher, Witherspoon ABSENT: None CAI. Ctl h I CAT�RNS 1. Mary Elizabeth Baldwin, 777 San Antonio, told of having come to the City Hall Police Department, to report having received some obscene phone calls. She was told that many candidates and public officials received such calls, and that:thay Could not, as yet, be forestalled by the phone company. She was a candidate for City Council, she said. Site recounted having passed through the Councilchambers where a meeting which she perceived to be a political caucus was in progress, and she expressed -anger atwords she and Councilmember Fazzino had exchanged at that meeting, and demanded an apology. Councilmember Fazzino said he had beet asked to speak to a Stanford class en public affairs, and he was,at the aforesaid meeting in that context. He said he was taken aback by Ms. Baldwin's remarks and did not feel that he owed her an apology. 2. Ethel Anderson, 360 Colorado Avenue, asked that residents vote in the ceding election on May 8. She listed some of the excuses given by those who do not vote, and she asked that people familiarize themselves with the issues and vote. 3. Frank Manfredi, 219 Addison Avenue, said he did not favor having- slates of candidates; he had thought an agreement had .been made not to have slates. He challenged the correctness of the classification of 'residential ist' which some candidates, he said, had claimed. He charged that the Pao Alto University Avenue tea l tors were illegally in control of Palo Alto. Gouncilmember Eyerly said he had been a residential hoer in Palo Alto for 30 years. cottsExj atwatt Ref rr_ None Action Items The utter concerning .the contract for -painting and installation of ca rpeti n was rived from the consent r„a l endar • by - iaeyar Carey a t - the request of a cit1aen, to *Korn -61U* 7(a). The matter concerning University Avenue Offstreet Parking Assessment District veal removed from the consent. calendar byNow Carey at the .rat of a citizen. 540 4/30/19 The matter concerning Landfill Closure and Park Design was removed by Councilmember Sher to become item 7(c). The matter concerning the extension of the recycling agreement with the Palo Alto Sanitation Company was removed by Councilmember Brenner to become item 7(d). The following items remained on the consent calendar: .111 . . • • Staff recommends that Council find this project qualifies for a categorical exemption from an environmental assessment; CounC,1 waive the normal' consultant selection procedure due to the:time constraints involved; Council approve the consultant proposal and authorize the Mayor to sign the contract on behalf of Council for these engineering services. AGREEMENT --Metcalf and Eddy, Inc, IL -APPOINTED OFFICER RESOLUTION 5677 entitled "RESOLUTION OF THE CITY OF PALO ALTO ADOPTING SALARIES FOR COUNCIL -APPOINTED OFFICERS.;' Vh ERGROUND UTILITY DISTRICT, NO, 2 .7. Staff recommends that Council initiate the underground conversion project procedure by passing the resolution of intent, as follows: RESOLUTION 5678 entitled "A RESOLUTION OF TNTENTTOUTFAREND SECTION 12.16.020 OF CHAPTER 12.16 OF TITLE l2 OF THE PALO ALTO MUNICIPAL CODE BY ESTABLISHING UNDERGROUND UTILITY DISTRICT TER 20.'' ROTION:Councilmember Fazzino moved, seconded by Henderson, that Council approve the resolutions, authorize the contract and agreement. The motion passed on a unanimous voice vote, Councilmember Clay absent. Mayor Carey said that fir. Manfredi had asked that the matter concerning punting and carpeting be raved from the consent calendar. Frank Manfredi, 219 Addison Avenue, said he thought expensive painting and carpeting were not needed; a few places needing carpeting might be recovered, he said, at the cost of only a small amount of money, not t o sands of dollars: He said the building looked beautiful as -it was and the taxpayers money should be saved. MOTION: Councilmember Fazz ;ran moved, seconded by Henderson, that' COunc l l authorize the mayor to sign the contract with Stanford Painting for $20,837, and with Interiors and Textiles, for carpeting, for $7,777.00. The motion passed on a unanimous voice vote, Councilmember Clay absent. $a,or Carey said he would abstain from the tins veryi ty Avenue Offstrest Parking setter. 641 4/30/79 X41 Councllmember Eyerly said that he would not participate in the matter. Vice Mayor Henderson took the chair. Councilmember Brenner asked how soon litigation now pending with the City would be settled. Roy Abrams, City Attorney, said that the last date for people to answer was May 7. Caunci lmember Brenner asked what would be the case were the City, unable to develop the entire proposed area; she knew there was merit in having the archite'ct's design ready when the City was ready to proceed with the parking lot. Mr. Abrams said there was a termination clause in the agreement which spoke to the possibility of the City abandoning the process should it not go through the court process. It would not be known how much of the preparatory work would have to be cast aside at that time. Councilrember Brenner asked who would pay the consultant, the City or the assessment district, if the design consultant went ahead with the work. Naphtali Knox said that expense would come out of funds set aside for the project. There was about $10,000 in the account at this time. The consultant's work was to prepare drovin s to modify the alternative. He said he thought a good part of the $6,800 worth of work would not have to be done at all if Council selected another alternative, and if that, in turn, were a result of unfavorable in rem validation Counci lmexber° Brenner asked if she was to understand, then, that the work now going forward would be lost. Mr. Knox replied that the work under discussion was to save money in the long run. if Council approved the contract he doubted a contract would be signed by May 7, even so, should there be an unfavorable court ruling, and so the City was not bound if the project ended. Herb Wrack, 3401 Ross Road. asked that Council delay the contract until the in ran proceedings were over and also to find out if the proposed tax was one which had been abolished with the passage of Proposition 13. From the beginning, he said, there had been a continual cost overrun on the project, and he thought the court findings should be known before further motley was spent. Ned Gallagher, 440 Melville, said he was incredulous that this subject should come up again for yet another delay. In regard to eminent min the courts had decided that the need for the parking lot was valid but ensuing delays resulted in costs up to $100,000, and additional delay ran about $1500 monthly. Mr. Gallagher said the matter had been through both Planning Commission end Council trice. Council had chosen the project now before it. He thought further delay mould be a political ploy. which he thought uncalled for. He said the buildings now in place way a disgrace and the planned improvements of the parking lot would enhance the area, along with the needed additional parking. Kermit Knopf, 930 Palo Alto Avenue= said he was president of the Downtown Palo Alto Association, and had a business at 265 Lytton. He thought the vitality of down torte was dire to people's ability to part down town. The need to be able to park was ongoing. Because of additional sales tax accuring to the City there had not been a pinch from passage of Proposition 13, he said. lie asked that the parking lot project go forward. 642 4/30/79 4,42- Councilmember Sher assured that there was no suggestion of reconsidering the parking project by Council. The matter at issue was whether or not plans should -be drawn before the results of the validation lawsuit were known, because the assessment bonds would not be marketable without court validation of the proceedings. Councilmember Sher ascertained with Mr. Abrams that even if the court did not give a favorable decision the project would go forward, but at a lesser scale, since less Money would be available. Mr. Abraops said that was true; also, if Council wished, it could choose anotherneOternative. He added that along with the in. rem proceeding the court was ;wising the question as to whether or not under- the guidelines established 6?, passage of Proposition 13, the money raised through the assessment.proc ltng was a new tax, or not. Council ber Sher asked if the proposed $6,640 fee had to be spent if a scaled down project were chosen. Mr. Knox said that the fee was needed to produce "discussion drawings" for the -alternative which Council had chosen, from among the three designs. He did not think any of the 'drawings could be usable on other alternatives. Art Reschke) Public Works, said the execution of the contract would take a week to ten days; work would not have started, and so it could be cancelled, and so the money would not be lost in that the work would not have been done. Mr. Abrams emphasized that 400-SOO people concerned with the assessment district had been notified that they had until May 7 to file an answer, and then if the court had to act there would be another 6-8 weeks, and so May 7 was not a clearcut date for a yes -or -no answer on the matter. Councilmember Sher asked Mr. Abrams' advice on whether or not the Council should award the construction contract. Mr. Abrams said he thought the $6,640 would be saved in construction costs. If the contract were not awarded and the in rem -decision was not favorable to the City. the $6,640, and perhaps more, would be lost through i ncrea sed construction costs --yes, he would proceed with the awarding of the contract. MOTION: Councilmember Sher moved, seconded by Brenner, that Council authorize the Mayor to sign the contract for consultant services with John Brooks Boyd --Robert R. Jenks Associates. The motion passed on a unanimous vote, Councilmember Eyerly and Mayor Carey abstaining, Council - member Clay absent. Mayor Carey resumed the chair. Std AND Ply iii ( *:238:9) Counciimember Sher -Said he thought Eckbo/Kay and Associates were familiar with the project and could complete the .landfill design satisfactorily but he was concerned about the wording of the. staff recommendation, that Council direct staff to negotiate a contract for final closure and park design, for closure Within 15 to 20 years. • Council -policy was thatijie refuse area should be closed off es soon as possible, but not later than fifteen to twenty years. He wanted to clarify that the contract for the design would accommodate aarlier closing if it were possible, and if an alternative place to put solid -waste were found. 64 3 4/30/79 Mr. White sold the,design would accommodate closing as soon as possible, and the maximum time was to be 20 years. Councilmerpber Sher asked if, in using the dredged materials from the yacht harbor for closing the refuse area "cells" or portions wbicic had been completely filled, it was in the agreement that the county would pay helf; the costs of dredging and construction of the de -watering ponds. Re did•not know, he said, what position had been•taken•by`the Board 01e Supervisors on that assumption of cost sharing, . Mr. White replied that the City staff had,negotiated four times with the county: the -county, using the method of dredging it had in the past, would dredge twice a year, at a cost of $48,000. The cost was -tai be escalated each year with the county to pay a proportionate share of about 27 per cent. The county would also pay a proportionate share of the cost of -about $27,000 to set up the pipeline.to the de -watering. ponds. T t•cost was.about $25,000. Mr. White said -the de -watering. ponds and piping system for them were felt, by staff, • to be more the City's than the county's responsibility. The City was going to process the spellsafter they had bee de -watered. The Board of Supervisors had before it now.a draft agreement prdpared by the City's -property agent; it would be circulated to the supervisors and to Council. Councilmember Sher observed that the county was not prepared to pay as much toward the costs as bad been contemplated when the Baylands Master Men had been adopted. MOTION: Councilmember Sher rroaed, seconded by Fletcher, that the City waive the selection process and direct staff to negotiate a contract with Cckbo/Kay and associates for a design for landfill closure, on the basis that closure will occur as soon as possible but in no event more than 15 to 20 years from now. The motion passed on a unanimous voice vote, Councilmember Clay absent: Councilmember Brenner said she had removed this matter from the consent calendar to ask if, when the City advertised its recycling facilities the Peninsula Conservation's center on Park Boulevard was mentioned 'also. Pr. Sipes said he would find out and give her the information. Councilmember Brenner said she would suggest that the Peninsula Con- servation Center's facility also be given publicity, along with those of the City. me. Sipel replied that the idea would be given consideration. 11 Councilmember Fletcher said she had seen in the San Jose Mercury that the Palo Alto Sanitation Company had been awarded a recycling grant of $151,910; she sal+ she assumed that would make no difference regarding the extension of the recycling program now before them because the grant, she thought, was for expansion of the program, MOTION: Councilmember Brenner roved, seconded by Fletcher that the Council approve the t to the agreement on recycling material in the solid program with Metcalf and Eddy, Inc. The motion passed on a unanimous voice vote, Councilmember Clay absent. 644 4/30/79 R'YEM TS MEDIANISLAND (CMR:243:9) Councilmember Sher said he would not participate since Stanford University, his employer, was involved in the matter now before Council. Eerily Renzel, Chairwoman of the Planning Commission, commented that when the Commission had considered the median islands ft had thought that since that portion of Arastradero was a scenic road the rural character should be preserved and the median strips should be landscaped: pavement with yellow painted cross -stripes would not be satisfactory. The Planning Commission had unanimously favored landscaping of the median strips. Mayor Carey said he thought Council has expressed the same wish. Cooncilmember Brenner noted that a cost figure had been mentioned in the 1959 agreement with Stanford University in connection with a 52 -foot wile road; were there comparative figures available for the cost of the road at its present-day 40 -foot width? She said she assumed that the lesser width would cost considerably less, perhaps enough to balance out the additional cost of the landscaped medians. Naphtali Knox, Director of Planning and Community Environment, said he did not have a cost comparison. He reminded Council that when staff had discussed with Stanford the section from Hillview Road to the west a discrepancy in the agreement had been noticed; the agreement talked of a 12 -foot widening of the roadway to 52 feet --but the roadway was not 40 feet wide. Forty feet was the width of the right-of-way. The paving at that time was only 23 feet wide, and so a 12 -foot addition would bring the total width to about 36 feet. He emphasized that the agreement concerning the width had applied only to the Stanford portion from Hillview Road west. By action of Council a considerable portion of the median in the roadway had been taken out in the roadway leading to Foothill Expressway that Syntex fronted on; the City had no agreement with Syntex as it had with Stanford. Syntex had agreed, he said, as a mitigation measure, to widen the road. There had been no discussion of having a landscaped median when that mitigation for Syntex's project was discussed. Cour'cilmember Eyerly referred to page 2 of the staff report, in which the first paragraph said, "For reasons of visibility and reduced impact should vehicles swerve onto the median, the landscaping must be low - maintenance shrubbery approximately two and one-half feet high." What specifically was meant? Mr. Knox replied that no large trees were wanted on the median as were on the El Camino median. On El Camino there were three lanes in each direction so motorists could swerve without going into the median if necessary to avoid a bicyclist or pedestrian. Arastradero only had one lane in each direction and it would be dangerous to the motorist to have trees on the median; that would not be the case with low shrubbery. Also, for safety, it was desirable to have high visibility that low shrubbery permitted. Councllmember Eyerly asked if all the property on the residential side of that portion of Arastradero was within the City limits. Mr. Knox answered that some of the property was . in Los Altos Hills. The median was planned for that portion of the road somewhat to the west of Syntex's proposed development. 645 4/3079 L.4 Gary M. Heymann, 4159 Old Adobe Road, said a letter from the area residents now in Councilmembers' packets supported the fully landscaped median strip and,he was pleased to learn that Council and staff concurred. The residents wanted Stanford and Syntex to.fund the landscaping; if that was not possible they thought a gas tax allocation should pay for it. Since the consequences of the Council•having permitted the Syntax expansion could no'longer be undone, residents asked that the City do the job properly in the interests of the residents. Residents had asked that trees be placed along the median strip to help reduce speed that might occur if a clear view of the road ahead were obtainable, Marilyn Stocker, 880 Mockingbird, said her r-ekyard bordered Arastradero. Ms. Stocker said she was opposed to the idea of establishing an assessment district to pay costs of the median strip; she favored having bicycle paths. She thought the design just west of Old Trace Road had to be modified since Arastradero narrowed there and residents of Old Trace Road would have difficulty obtaining access to their street; it would be better not to have the median extend that far. - W, J. McCroskey, 4158 Oak Hill Avenue, said he thought the question of a two-lane versus three -'lane road road remained; he said the residents' letter of April 25 outlined points which residents wanted to have observed, ",..so that it's done right and done permanently." Terence Ainscow, Syntex Corporation, said that the question regaining abocit the median strip was who was to pay for it; Syntex did not wish to either. The idea for road -widening arose fro Syntex and other! having plans to expand their buildings. As a mitigating measure against the additional traffic the building enlargements would generate they had agreed to finance the improvement of the roadway. Syntex had agreed to three it ..,s: (he consulted his notes of a year ago, taken at the meeting at that time) 1) to widen the roadway from Foothill Expressway to Hiliview Avenue adding 10 feet to the entire 2,500 -foot length; to add a left - turn lane in the middle of the roadway; to add bike lanes en each side with striping, 2) Syntex would, in the future, pay for installation of a separate bicycle/jogging track --about six to eight feet wide with an 4)lbweatber surface: 3) Syntex would complete its own internal ring road because by so doing it would draw some of the traffic away from Arastradero Road. Although it had not been thought of as a mitigation measure, Syntex had ;greed to an additional exit on Foothill Expressway, which would also draw more traffic away from Arastradero Road. Syntex estimated et. twat time that the mitigating measures in connection with Arastradero Road would cost Syntex between $50,30 and $70,000. That estimated ant world be in addition to the $70,000 Syntex would contribute to the housing fund as a mitigation measure. Since that time, Mr. Ainscow conl.inued, in meeting with the City staff, the plan of the roadway had changed somewhat --there were to be concrete barriers on the median strips and left -turn pockets were to be created. Cross walks had been added; instead of six- to eight -foot jogging track Syntex nad agree4. to put in a ten -foot wide asphalt bicycle path to be separate from the bicycle path on the roadway, and the asphalt bicycle path was to meander the full 2,500 -foot length cf Syntex's property. Along with that, Mr. Ainscow added, Syntex was prepared to grant an easement, if Stanford also agreed, for an equestrian trail to be within Syntex property. Syntex's most recent cost estimate had climbed to $125,000. Syntex was willing to underwrite the cost of those improvements; it was reluctant to shoulder also the cost of the median strip, the cost for which was not up to $83,000 or $90,000, which would bring Syntex's cost to almost $200,000, and that for benefits for many others than Syntex. He said "So I would like to recommend to the City that the City shoulder its own fair share of tl*e cost of these improvements. . ." 646 4/30/79 The costs of the improvements other than the median strip were to be borne by Syntex, Stanford and other developers west of Hillview Avenue. Councilrnember Fletcher told Mr. Alnscow that in the City's staff report the Bicycle Advisory Committee had been quoted as saying that the bicycle path, in order to be more safe, should be 30 feet from the roadway where it joined the driveway. Had Syntex considered that? Mr. Alnscow said Syntex would he willing to consider that specifically. Syntex would be willing .to go along with any design that the City recommended, but utility poles might impose some constraints. Heinz Frzberg :r, 13457 Thendara Lane, Los Altos Hills, favored the landscaped median strip. He said that if the developing -were not taking place the median strip would not be needed, and so those who were doing the developing should pay for it. Consideration of safety required the improvements. He suggested some modification in the present plan for the roadway and he noted that a hill at Thendara Lane obstructed visibility. Councilmen ber Brenner said that the Memorandum of Understanding referred to "Arastradero,",not just a portion of if. She assumed "...the full length of the parcel" referred to the Syntex parcel, and she did not think the proposed 40 -foot width would d be in conflict. The Memorandum, she said, was attached to a staff report of October 13, 1978, on Appendix C. Mayor Carey asked if her comments were for the purpose of trying to renegotiate with Stanford. Councilrnember Brenner said she wanted to get the record straight only. Mr. Knox said there were two agreements, the first dated April 18, 1969, called #3025, which stated that the agreement was being made pursuant to subdividing a 180 -acre parcel of land between Foothill and Arastradero roads. Exhibit A attached to the agreement had a metes and bounds survey, for which he gave the stipulated measurements. The second Memorandum of Understanding was between Stanford Univerity and the City of Palo Alto in 1974, and the second agreement said that, instead of making the improvements mentioned in the 1969 agreement, Syntex would widen the present pavement on Arastradero from 40 feet to 52 feet and retain the two-lane characteristics. The 1974 agreement was incorrect in thot the' pavement was never 44_ feet wide in the first place. Mr. Knox said that to his knowledge Council bers had copies of all those documents, and he read from one of them the correct measurements of the pavement. Mayor Carey said he knew that from Stanford's having followed the hearings it knew that the City was not going back to a 50 -foot road, and he did not know how the City could ask Stanford to pay for the median planning. He -thought the Arastradero Road improvements should be done fully --the $90,000 could be put into the Capital improvement Fund for 1979-80. He thought residents had paid their share of the financial burden by way of land dedication and Syntex and Stanford had made mitigating payments. The proposed beautification planting was a response to request of homeowners in the area. MOTION: Mayor Carty moved, seconded by Henderson, that Council approve treatment of the median to $90,O00, to be funded through Capital Improvement Projects for, 1979-80. 6.4 7 4/30/79 Vice Mayor l:enderson said he continued to think it was a mistake to widen Argstradero to over 42 feet, fora wider road invited more traffic. He did net think the residents should have to pay for it since they had not asked for the widening. Those doing the developing had already paid mitigating payments; he favored having the money comae from the Capital Improvements Fund. Councilmember Brenner said that from both scenic and safety aspects less than the full median would be a mistake. She thought the present road measurements were compatible with the residential area and she thought a road deslgned according to present plans would discourage further widening. Councilmember Fletcher asked if the Architectural Review Board would consider plantings that would help to reduce speeds, and also the modification of the left -turn lane at Thendara, as suggested by one of the residents. Mr. Knox said he would talk to the engineers about the possibility of narrowing the roadway 5o that there was less of a left -turn lane to the new driveway on the industrial side of Arastradero He felt sure that could be done. He said that the profile of the hill had brought up discussion about removing some of the dangerous curves on that portion of road, and that would bring about diminution of the visual obstruction. The Planning staff would ask the ARB to list some plants that would be 21 to 6 feet high, and that would not be poisonous ner tend toward concealment of wrongdoers. MOTION PASSED: The motion that Council approve treatment of the median to $90,000, to be funded through Capital Improvement Funds for 1979-B0, passed on a unanimous vote, Councllrrie'mbers Sher and Witherspoon not participating, Councilmember Clay absent. N RTENS W CMR:241:9) MOTION: Councilmember Fazzino moved, seconded by Eyerly, that Council accept staff's recommendation that the name John Martens Lane be adopted for the subject road. The Motion passed on a unanimous voice vote, Councilmember Clay absent. Councilmember Clay arrived at 9:05 p.m. O Councilmember Fazzino read his and Vice Mayor Henderson's ago: both amen thought Council should take some steps they suggested to alleviate the situation. Palo Alto should work with other jurisdictions, and the City would send a Ictter to other officials to state its concern about the unfair allocation considering the population growth and demand in this area. He said he urged Co+incil to -communicate its support to the Santa Clara County Board of Supervisors for the proposed t0d/even days plan. Locally, the memo proposed, Council would adopt a 90 -day emergency ordinance requiring that.gas stations. post hours of gasoline sales, to be visible from the street, end requesting that green or red flags be displayed to sake it known whether or not gasoline was available. Drivers and gas station attendants .were to limit gasoline sales when automobi l e tanks were one half or less full. 64l 4/30/79 Vice Mayor Henderson noted that he shared anger with those who observed that there was no gasoline shortage in Sacramento, Marin County and south Santa Clara County, as well as the gasoline plentifully available for events. Councilmember Witherspoon praised the suggestions; she asked if the City could not establish an odd/even days plan independent of the county. Mr. Abrams, City Attorney, said he had written an ordinance should Council wish to enact one that evening; it had been written hastily, and contained provisions for signs for posting of hours and provisions for display of red/green flags. He said it was unclear how far a local ordinance could go. State requirement was that the price need be displayed only on the pump itself. W. J. McCroskey, 4158 Oak Hill, said he and his friends commended the proposal on gasoline apportionment and demonstration of price and availability.. Cooncilmember Fletcher said she had heard that evening that the Board of Supervisors had passed a motion asking federal authorities for authorization to implement -a county odd/even system and Supervisor Rod Diridon was to go to Washington, 0.C., to find out. She did have some hesitation about the Fazzino/Henderson memo in the case of limiting sales to tanks less than half full, when some automobiles had small capacity tanks. Councilmember Fazzino said that that was a suggestion, not a requirement. Councilmember Clay said he thought it would be helpful to have some indication of which stations might be open for what hours, so residents could be informed, possibly through a hotline at City Hall, with City Hall to appoint someone to canvass stations to obtain that information, thus forestalling needless telephone and driving around on the part of residents. MOTION: Councilmember Fazzino moved, seconded by Henderson, that Council initiate a letter, signed by the Mayor, to be sent to appropriate legislators and government officials, stating its concern about the unfair allocations to Santa Clara County, emphasizing the population growth and demand in this area; 2) the Council to communicate its support to the Santa Clara County Board of Supervisors for the proposed odd/even days plan; 3) adoption of a 9'3 -day emergency ordinance requiring each station to post the hours of gasoline sales in a manner visible from 'adjacent streets; 4) that the ordinance request each station to display banners or flags, also visible from the street, that are green to denote open for gasoline tales, and red for no gasoline available; and 5) encourage all drivers and station attendants to limit gasoline sales to situations where tanks are less than one-half filled. ORDINANCE 3115 entitled *ORDINANCE OF THE— MIKITbrrirt CITY OF PALO ALTO T) REQUIRE THE POSTING OF THE HOURS OF OPERATION OF GASOLINE SERVICE STATIONS AND DECLARING AN EMERGENCY AMENDMENT: Councilmember Clay moved, seconded by Witherspoon, that a telephone hotline at City Mall be staffed by a person who has determined the days and hours when specific gasoline stations are open for sales. Roy Abrams; City Attorney, said that f Council was wing to take action on the matter, preliminarily the urgency had to be established. 54 g 4/30/79 649 Mayor Carey ruled that the ordinance was introduced as an emergency measure and if adopted would be effective immediately. Mayor Carey asked t'r. Abraas if the City was required to determine whether or not it was legal to set odd/even days. Lines of motorists now were so long they were clogging intersections with -resulting traffic congestion and he:thought thst need for public health and safety would dictate that an odd/eyen'ordinanca be enacted, and he did not need to go to Washington D.C., to decide that. Mr. Abrams replied that he was not aware that the Board of Supervisors had sent Rod Diridon to Washington to check out the rights of the county tw set odd/even days. He guessed that the trip to Washington was being aaade more to determine allocation of gasoline, which lay within the Dejarlaent of Energy authority. From a practical standpoint he was concerned that it night be a pre-empted federal concern, since it was allocation of goods. He would like to have some time to research the matter. Vice Mayor Henderson said he was leery of employing somebody for a 24 - hour telephone service about which stations were open for what days and hours. He thought stations were open depending on the supplies they had available. A group in San Bruno, he said, had such a hotline for the whole bay area, with people researching in each community. It was possible to call the major oil companies which would tell which stations were open which days and hours. If the proposed ordinance passed, individual stations would have to post their hours. He thought an odd/even assignment would not be effective in just one small community, for people would tend to go to neighboring communities to get gas, so he thought odd/even stipulation should be county -wide. Council , fiber Brenner said she thought City Hall should not have to act a: a clearing house for the oil companies —also, the City should not place itself ia a position for being responsible for information on private businesses.- Oil companies should establish their own hotline or the Peninsula Times Tribune could carry such information. Perhaps a five -gallon minimum would licit "panic lines" of gas buyers. She thought the simpler the ordinance the better, and so she did riot favor the amendment. - CoI4ncil*ember Witherspoon said that there was a 24 -hour answering service in San Francisco. She thought it would be good not to have to drive all over town looking for a green flag. Shy would put the burden on the gas stations' to call in. She thought the ordinance should require that stations give the hours and the days on which they would be selling gas. Mr, Abrams said that the ordinance could be clarified. Councilmamber Sher said that if he thought there was any hope that the ordinance could work he would support it. A City employee would have to gather the information, another would have to answer the phone, and gas station owners were not required to give information. He thought that considerable City time would have to be spent to provide the service. He thought that the wain motion, which required station owners to post tines and drays they were open to sell gas, was the most workable. Councilor Fletcher said Council ber Sher had covered the points she was going to make> She added that shethought that more than one ful l t1 a employee would be needed to handle the matter. "I don't think it would work out very well." 650 4/30/79 Corncilmember Clay said he thought station operators would cooperate if given the opportunity. Since there were a limited number of gas stations in.the City he did not think much time would be needed to gather and give out the information. He outlined further reasons why he thought a hotline was needed and would work. AMENDMENT TO AMENDMENT: Councilnember Fazzino moved, seconded by Clay, that for 90 days the City sponsor a weekly listing to be published on Saturday, giving stations' hours for the ensuing week. Councilmr ber Fazzino said he thought that would give the City only one capital outlay per week, and it would provide a service for Palo Altans. Mayor Carey summarized that the amendment to the amendment proposed that a gas -availability list of stations be provided by the City through weekly advertisement rather than by a telephone hotline Mayor Carey replied that he did not think the amendments had to be taken off the floor --he thought they were appropriate because they were of an urgency nature since there was to be no meeting the following week, and health, welfare and safety of the community were jeopardized with the confusion of searching and waiting in line for gas. Cot nci 1 sember Fletcher asked Mr. Si pea , City Manager, how the staff would handle getting information to the public by telephone. Mayor Carey reminded her that the Fazzino notion was to notify the public by an ad in the newspaper. Counci lcnemher Fletcher said that notification by newspaper ad, would also involve staff time to do the research. Mr. Sipel replied that he thought at least one ful1time person would be needed to set up the information. A City employee was now implementing lags on the books of a couple of years ago, monitoring gas station price signs. The telephone hotline '...would certainly be a problem, and I'm not sure whether existing staff can do it or not." Ann Tanner, City Clerk, said that if gas -available information were to be published in the local newspaper on Saturday, the information would tae to be at the newspaper on Wednesday afternoon, and changes in the ad +after noon on Wednesday would not be permitted. Vice Mayor Henderson said he did not think gas stations could determine one week ahead the gas they would have available. He outlined some of the difficulties. "I think we just ought to back off of both parts of this and get back to the main motion." Councilmember Witherspoon said she cut rate day for ads. She thought because °.,.1 don't want everybody thought Tuesday was the Times Tribune's the ad should be restricted in coverage in Mountain View coming to buy gas." Cc ncllmember Eyerly said that as a small businessman he was disturbed by the proposed regulation of hours and such a finding, whether or not there was merchandise to sell, was am invasion of rights. Also, if published information turned out to be not true it could crake trouble for the gas station operators with their customers, "...so I recommend we stay out of both the amendment to the amendment, and the amendment. 6 S 1 4/30/79. 1 i 652 4/30/79 Mayor Carey said that he would support using a newspaper ad: if it didn't work it could be soon discontinued. He said that gas station operation had, in his opinion, been consistently predictable as to hours of operation. AMENDMENT TO AMENDMENT FAILED: The amendment to the amendment, that for 90 days the City sponsor a weekly listing to be published in the local newspaper on Saturday, giving stations' hours for the ensuing week, failed on the following vote: AYES: Carey, Clay, Fazzino, Witherspoon t;OES: Brenner, Eyerly, Fletcher, Henderson, Sher AM NDMENT FAILED: The amendment that a telephone hotline et City Hall be:staffed by a person who has determined the days ted hours when specific gasoline stations are open for sales failed on the following vote: AYES: Carey, Clay NOES: Brenner, Eyerly, Fazzino, Fletcher, Henderson, Sher ABSTAIN: Witherspoon Frenk Manfredi, 219 Addison Avenue, said he had seen gas customers get ga when stations had.said they were not selling it, because the gas qustorper had slipped the operator an eXtra dollar. Mr. Manfredi suggested some ways the oil companies should be penalized for profiteering and creating the present shortage. He cited some magazine articles to substantiate his statements. Councilmember Eyerly referred to the proposed emergency ordinance before them, in which Section 1 listed a requirement for hours and days open to beposted; Section 4 gave the penalties for violation and Councilmember Eyerly asked how a gas station operator could sell what he did not have to sell; the independent operator had no ioopoles in the ordinance, he said. AMENDMENT: Councilmember Eyerly moved that in Section 4, the following be added to the first sentence: "...unless non -supply can be substantiated." Mayor Carey said that gas station operators would take down a flag when they ran out of gas; if they did not, then a violation had occurred. Mr. Abrams said that under the tees of the proposed ordinance the gas station operators would be required to have green or a red flag up at all times. The operators would not be in violation if there were no willful failure to comply with hours of sale. Councilmember Eyerly withdrew his amendment. Councilmember Fletcher said that she thought the operators should have some lead time so they could have signs made, Mayor Carey pointed out that the ordinance gave ten days in which operators could work out their methods of compliance. Mr. Abrams said that the ordinance told have to go into effect right away since it was an emergency ordinance, but, should Council wish, Sections I and 2 could have a preliminary clause added saying "...effective ten days from adoption." • 405-4 AMENDMENT: Mayor Carey moved, seconded by Fletcher, that the words, "...effective ten days from the date of adoption." appear in Sections 1 and 2. The motion passed on a unanimous voice vote, Mayor Carey asked if the required signs had to comply with the existing sign ordinance and go through the Architectural Review Board. Mr. Abrams said the signs were exempt from that requirement by virtue of Section 3. He suggested that at the end of Sectton 1 the words appear to read: Milo violation as such shall exit- if there is no supply of gasoline or motor vehicle fuel available for sale at the hours posted." AMENDMENT: Mayor Carey moved, seconded by Henderson, that at the end of Section 1 the following words appear: "No violation as such shall exist if there is no supply of gasoline or motor vehicle fuel available for sale at the hours posted." The motion passed on a unanimous voice vote. EMERGENCY ORDINANCE AS AMENDED: The motion that Council initiate a letter, signed by the Mayor, to be sent to appropriate legislation and = --= -vv=,---jva.t.ny its eviteerrt about the Ilnrdt!' al#(x!;atioRs to Santa Clara County, emphasizing the population growth and demand in this area; 2) the Council to communicate its support to the Santa Clara County Board of Supervisors for the proposed odd/even days plan; 3) the adoption of a 90 -day emergency ordi.nance.requiring each station to post hours for gasoline sales in a manner to be visible from adjacent streets; 4) that the ordinance request each station to display banners or flags, also visible from the street, that are green to denote open for gasoline sales, and red for no gasoline available; and 5) encourage all drivers and station attendants to limit gasoline sales to situations where tanks are less than one-half filled, passed on a unanimous vote. N MEMBER FLETCHER' RE COMMUNITY AN i :.. BILL 870 Councilmember Fletcher recalled to Counci l m¢mhars that about a week ago C.A.R. had requested that Council support Senate Bill 870 for funding work for developmentally disabled, introduced by Assemblyman Marks, Counciir bers now had a copy of the bill. The Health and Welfare Committee had passed the bill Wednesday, with an amendment that reduced the requested appropriation from $4.7 million to $1.5 million, because the money was to cover needs for the balance of the fiscal year ending June 30, 1979. A new bill would then have to be passed after that expiration date. The next hearing of the bill by the fiscal committee would be heard May 7. MOTION: Counc i 1 mes ber Fletcher moved, seconded by Henderson, that Council consider S8 870 as an Urgency item. The motion passed on a unanimous voice vote. Councilmember Fletcher" said that over the years the state legislature had gradually withdrawn financial support from state hospitals .far the developmentally disabled, and C.A.R. was concerned that after passage of Proposition 13 the 1979-80 budget would have further cuts in services for Santa Clara County. MOTION: Councilmember Fletcher moved, seconded by Ftzzino, that Council authorize the Mayor to write to appropriate legislators supporting passage of Senate 8111 870. 553 4/30/79 James Jarrett, 1844 Hamilton, said he was parent to a developmentally disabled child who was entered in the primary curriculum at Loma Prieta, and she was also a client of C.A.R. in its after -school recreation program. He was on the public relations committee at C.A.R, and he was also chairman of the Advisory Commission to Santa C1t,ra County for Developmentally Disabled. He said that Councilmemher Fletcher's comments had covered the situations accurately. Fifteen of the twentyeone centers serving the developmentally disabled had experienced cuts;,the Loma Prieta center, serving this are?, had a funding cut of 32 percent, and C.R.R. had had to make deep cuts in its program offerings. He asked Council to support the bill. Mayor Carey urged Couricilmembers to support the motion. He suggested citizens visit C.A.R. on Middlefield Road near Charleston Road and see the work they did, with limited funds. MOTION PASSED: The motion that Council authorize the Mayor to write to appropriate legislators supporting passage of Senate Sill 870 passed on a unanimous vote, HER SHER RE MEMO FR C.AB FARES Counci l member Sher referred to the memo Counci l members had received from Chief Zurcher and City Manager George Sipel regarding the rate increase for the InterTrans Corporation, and rates for its Yellow Cabs. The rate increase had also been reported in the Peninsula Times Tribune. The flag drop for a cab was going to rise from $1.20 to $2.40 and the rate of 20t for one -fifth mile was to rise to 20( for one -sixth of a mile. He asked Sipel to tollowx up either that evening or with a memorandum, to the questions 1) was the rate therefore doubled? if not, what was the percentage of irifLeease? 2) Was the increase justified by higher costs? 3) Did the ability to charge the increase rate come from the monopoly position now held by InterTrans as granted by Council? Mr. Sipel replied that the Peninsula Times Tribune had given incorrect information when it said that the rate was doubled. A ore -fourth mile trip was $1.45; at the new rate the cost was $2.40; a 65 per cent increase. A one-half mile trip had risen from $1.70 to $2.40, a 41 per cent increase. A three -fourth mile trip had risen from $1,95 to $2.40, a 23 per cent increase. A one and one-fourth mile trip had risen from $$2,45 to $2.70, a 10 per cent increase. Ensuing one-fourth vile increases were from 11 to 13 per cent. Mr. Sipel said the larger increases occurred in shorter trips. He himself thought that increase was justified in trips of one mile or farther. There was no available breakdown on numbers of trips that occured at specified distances. Councilmember Sher said he was glad that staff had coslected some data; he was concerned, however, about the monopclistic situation for InterTrans in Palo Alto --the operator had told Council that he would not opetate in Palo Alto unless he was the only operator in Palo Alto, and since he had raised his rate so soon after obtaining his Certificate of Convenience and Public Necessity. The matter had been referred to the Policy and Procedures Committee along with the question of reviewing the Palo Alto ordinance with respect to more than one cab company operating in Palo Alto, and he would pursue the question further there. Councilor Clay agreed that he too was a bit uncomfortable about the monopolistic situation, though it was not known whether or not, even if there had been more cab companies, they might not have had to do the same thing. 654 4/30/79 Mayor Carey said he hoped Councilmember Sher had not said that Council had granted a monopoly. The Council had granted a license. Councflmember Sher said Council had turned down the other applicants, `iayor Carey said Council had granted a license on the merits of the applicant over the other applicants, and not because Council wanted to grant a monopoly. He saw no correlation, he said. between the issuance of a single license by Council, and InterTrans request for an increase to rates. Charles Brewster, general manager of InterTrans, said InterTrans had been forced to increase it rates because the former holder of the license ".,.was coming into town and stealing r'ur fares,' and also gasoline charges had risen considerably. The newspaper had stated the facts incorrectly, as Mr. Sipel had shown. Mr. Brewster said that 13 per cent of the company's clients traveled less than one mile, and average trip length' in P lo -Alto was two and one-half miles. Caul t, i ii mibcr- Sner; asked ice`, iirewbLer if inter- rans sti i i took the position that it wfauld do business in Palo Alto only if it was the only cab company. tom. that e+ Mr. Brewster said his company was providing better service; he cited an instance of quick response time that had occurred that day. He said 60 per cent of his tirirers were in uniform at present and more uniforms were on the way. Courcilme l;er Sher said he did not wish to say that the increase might not be due to increased operating costs. He would continue to raise the question, he said, of whether or not Council had acted appropriately when it decided to grant onlyone license that evening although there had been one other applicant. Mayor Carey confirmed that Council could grant additional cab licenses if and when it so wished. ofs COMMUNICAITONS None Council recessed to Executive session regarding personnel matters at 10:15 p.m. appRMENT, Council adjourned the Executive Session and the meting at 11:25 p.m.. ATTEST: 555 4/30/79 APPROVE: