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HomeMy WebLinkAbout1979-01-08 City Council Summary MinutesRegular Meeting January 8, 1979 ITEM PAGE Minutes of December 4, 1979 4 0 9 Oral Communications 4 0 9 Gloria Horne, 1471 Kings Lane Bill Byxbee, Downtown Palo Alto, Incorporated Robert Moss, 4010 Ors Consent Calendar -- Referral Items Utility Connection Charges - Referral to Finance and Public Works 4 1 0 Committee Proposed Charter Amendment - Changing the Date of the General 4 1 0 Municipal Election to a Regularly Established Eie tion Day - Referral to the Policy and Procedures Committee Consent Calendar - Action Items Building Maintenance Reporting System 4 1 0 Players' Contract Amendment 4 1 0 220 Bryant Street - Change of Classification From R$-4 to PC 4 1 1 Ordinance Requiring Use Permits For Liquor Stores in CN Neighbor- 4 1 1 hooJ Commercial (CM) District Regulations Ordinance Repealing Moratorium on Issuance of Permits for 4 1 1 Off -Sale Alcoholic Beverages Licenses in CM Zones Adjustment of PF and CC, District Boundaries for Property Abutting 4 1 1 Southern Pacific Right -of -Way Between California Avenue and Oregon Expressway Retirement of Pancho P. Directo 4 1 2 Retirement of James A. Deci ous 4 1 2 Public Hearing: University Avenue Assessment'District - Change and 4.1 2 Modification 'of Proceedings Public Nearing: Certificate of Convenience and Nfecesstty for Peninsula 4 1 2 Cab Leasing (PCI Co.) (Continued on Page 416) Project Mobi l i ty 4 1 3 Rinconada Pool 4 1 3 Report of City Controller - Conversion of NCR Computer Lease Agreement 4 1 4 Public Neeri ng: Certificate of Convenience and Necessity for Peninsula 4-1 6 Cab Leasing Company (Continued From Page 413) (Cont. from 10/30/78) Project Mobility 4 2 2 561, 563, 565 and 567_Addison Street,- Change of District From R-2 to 4 2 2 Zone District RM-2 - Application of Richard Kelley, Jr. (Continued fram..1O/16/78 and12/18/73) • 4013 1/8/79 PAGE 425 1 ITEM Request of Mayor Carey re Neighbors Abroad --Possible Third Sister City Affiliation Public Hearing --University Avenue Assessment District --Change and Modification of Proceedings Cancellation of January 22 Meeting and Meeting Scheduled for January Request of Councilmember Eyerly, Councilmember Witherspoon and Mayor Carey re University Avenue Request of Vice Mayor Henderson for Staff Study of Traffic Conditions in the 100-300 Blocks of Byron Street Request of Counciln embers Eyerly and Clay re Palo Alto Community Child Care Oral Communications - None Adjournment to Executive Session Adjournment of Executive Session and Meeting 426 29 4 2 7 4.2 7 427 428 429 429 429 .4 O (a) 118t79 9'.0 9 January 8, 1979 Regular Meeting The City Council of the City of Palo Alto met on this with Mayor Carey presiding. PRESENT: Brenner, Carey, Clay (arrived 8:45 p.m. Henderson, Witherspoon ABSENT: Fazzino, Sher date at 7:30 p.m. ), Eyerly, Fletcher, MINUTES OF DECD R 4 1 979 Councilmember Witherspoon asked that on page 356, 6th paragraph, the second and third sentences read instead: "She did not know why East Palo Alto wanted connections to the East Bay since it was their hope that the personnel for their proposed industrial park would be hired locally. She thought it unfair to East Palo Alto to imply that the dialogue would be continued." Councilmember Witherspoon asked that on page 356 the 10th paragraph read instead: "Councilmember Witherspoon said that an existing road came into the frontage road about two blocks north of the present post office. That could be used." Councilmember Witherspoon asked that on page 358 the 12th paragraph read instead: "Councilmemter Witherspoon said she did not want to pay for Palo Aito'c staff to do East Palo Alto's planning for them." Vice Mayor Henderson asked that on page 353, 10th paragraph, the references to Dumbarton Bridge be referred to as "...the new Dumbarton Bridge," and that the third sentence of that paragraph read instead: "However, at the present time, East Palo Alto had changed its wish and wanted the new Dumbarton Bridge and the southern approach." He asked that the street name be corrected to "Laura Lane.`: Vice Mayor Henderson asked that on page 357, 3rd paragraph, the second sentence read instead: "He recalled one point: a statement that East Palo Alto's industrial park was strictly dependent on Palo Alto --East Palo Alto said that its wish to work with Palo Alto arose from a consultant's finding that no marina and no industry could be successful without a southern approach to give truck access from 8ayshore." Councilmember Fletcher asked that on page 355, 7th paragraph, the word "fry" be deleted so that°the phrase in -the -last sentence -would read 7 -Oregon Expressway." Councilmember Brenner asked that on page 343, the 1st sentence of the 2nd paragraph reed instead "Councilmember-Brenner said she thought the City must retain, as zoned for public transit use, the land bordering the Southern Pacific -tracks." Councilmember Brenner asked than on page 354, 9th paragraph, the BCDC agency be written out as Bay Conservation Development Commission. MOTION: Councilmember Fletcher moved, seconded by Brenner, that Council approve the minutes of December 4, 1978, as corrected. The motion passed on a unanimous voice vote, Counci lmembers Clay, Fazzino and Sher absent. ORAL CONPUNICATIONS 1. Gloria Herne, 1471 Kings Lane, reported that June Fleeing, City Library Director, had asked several moths ago that a trust fund for the library be set up to permit citizens to make tax-free donations for various library projects in need of funding. She asked if that had been done, and, if not, if a committee could be named for the purpose of inquiring into establishment of such a fund. 2. Bill Byxbee, representative of Downtown Palo Alto, Incorporated, said he was present in relation to Item 11 on the agenda. He said that Proposition 13 had passed in recognizance of the fact that property owners had said they realized that prior taxation bore little relationship to benefits to be -derived from such taxation. He listed some City projects, a ' few parks among them, which he felt worthy for the issuance of a bond; he did not favor restoring the Veteran's Building. 3. Robert Moss, 4010 Orme, spoke as tuber and representative of the Ter n Coalition who had fond to discuss "...a useful end for that sine." The questionnaire the Coalition had devised was made available to Council for its perusal, Mr. Moss said that of about 340 households receiving questionnaires about 333 had responded. Twenty-five suggested uses had been listed. Disapproval rates of response were high for housing, office, or the like, and.a preponderance of respondents had favored use of the site for -community service and recreation. CONSENT CALENDAR Referral Items UTILITY CONNECTION CHARGES BLIC C.TTY' Staff recommends that Council refer the matter of connection charges for water, sewage and electric utilities to the Finance and Public Works Committee for its consideration. PROPOSED CHARTER AMEMDMEMT--CHANGING THE P.RAL of rc f PRIxEMIZEI CtWrTI' Staff recommends that the subject of a Charter Amendment to change the date the General Municipal Election is held be referred to the Policy and Procedures Committee. Action Items. BUILDING MAINTENWE REPORTING SYSTEM (CMR:494:8 Staff recommends that the Mayor be authorized to execute a contract with Mainsti, Incorporated, on behalf of the City. AGREEMENT FOR EQU I PUNT MAINTENANCE ANCE MANAGEMENT SYSTEMS SERVICES Mainste i Corporation PLAYER'S CONTRACT AM MI>d EMT (CMR:11 D : 9 ) The Community Players Board of Directors have authorized their representative to sign this amendment. The staff recommends that the City Council 410 1/8/79 authorize the Mayor to execute the amendment to the contract with the Palo Alto Community Players. AMENDMENT NUMBER 1 TO CONT1ACT NUMBER 3954 Palo Alto Community Players, Inc. 220 BRYANT STREET --CHANGE CLASSIFICATION ORDINANCE31O2_ entitled "ORDINANCE OF THE COUNCIL arrof PALO ALTO AMENDING SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL CODE (THE ZONING MAP) TO CHANGE THE CLASSIFICATION OF -PROPERTY KNOWN AS 220 BRYANT STREET FROM RM-4 TO PC." (1st Reading 12/18/78) ORDINANCE RE IRING USE PERMITS (CMR:510:8) Pursuant to Council meeting discussions, staff recommends that, in neighborhood commercial zones, liquor stores be allowed only with a conditional Use permit, thus Perm.itt:nn impacts to be analyzed and controlled. ORDINANCE 3103 entitled 'ORDINANCE OF THE COUNCIL OF THE CITY Of PALO ALTO. AMENDING SECTIONS 18.04.030, 18.41.030 AND 18.41.040 OF THE PALO ALTO MUNICIPAL CODE TO REQUIRE USE PERMITS FOR LIQUOR STORES IN CN NEIGHBORHOOD COMMERCIAL DISTRICT REGULATIONS." (First reading 12/18/78) ORDINANCE.REPEALING MORATORIUM ON ORDINANCE 3104 entitled "ORDINANCE OF THE COUNCIL I( THI" CIT? OF -PALOALTO- REPEALING' OP.OINANCE NUMBER 3097 ESTABLISHING A HORATORIU I` ON THE ISSUANCE OF PERMITS FOR THE ESTABLISHMENT OF' USES REQUIRING AN OFF -SALE ALCOHOLIC BEVERAGES LICENSES IN CM NEIGHBGRH000 COMMERCIAL ZONES." (First reading 12/18/78) ADJUSTMENT OF PF AND CC DISTRICT SOUTHERN N Ra AID Staff recommends that Council approve an adjustment as unanimously recoomended by the Planning Commission. ORDINANCE 310$ entitled "ORDINANCE OF THE COUNCIL OF THE- CT Y .OP PALO -ALTO -AMENDING SECTION 18.08.040 OF THE PALO ALTO MUNICIPACCODE (THE ZONING MAP) BY ADJUSTMENT Of DISTRICT CARIES ON CERTAIN PROPERTIES ABUTTING SOUTHER PAC' IC' RIGt-OF-4iAY BETWEEN CALIFORNIA AVENUE AND OREGON EXPRESSWAY." (First reading 12/18/78) MOTION: Vice Mayor Henderson raved, seconded by Fletcher, that Council approve the Consent Calendar. ` Thy notion passed on a unanimous voice vote, Councilr arm ens Clay, Faxzin° and Sher absent. RETIREMENT OF PANCHO P. DIRECTO (CMR:507:8) Pancho P. Direct() retired December l, 1978, after twenty-six years with the City of Palo Alto as a Landscape Gardener. He worked also with plants around the Civic Center and the Downtown Library. MOTION Vice Mayor Henderson introduced the following resolution and seconded"by Witherspoon moved its adoption by Council. RESOLUTION 5626 entitled "RESOLUTION OF THE COUNCIL OF THE UTY-WPArrOo EXPRESSING APPRECIATION TO PANCHO P. DIRECTO ON HIS RETIREMENT." The motion passed on a unanimous voice vote, Councilmembers Clay, Fazzino and Sher absent. RETIREMENT OF JAMES A. DECIOUS (CMR:508:8) Jim Decious retired November 10, 1978, after 13 years of service with the Police Department. Jilh was awarded his teaching credential from the State of California in 1970, with police science as his special area of Instruction. He rotated on all Field Services Division watches, and he served as police agent from 1975. to"his retirement. George Sipe!, City Manager, said that Mr. Decious had incurred a back injury which repeated surgery had not corrected, and he was to retire on disability. MOTION: Councilmember Fletcher introduced the following resolution, and, seconded by Witherspoon, moved that Council approve it: RESOLUTION 5627 entitledaRESOLUTION OF THE COUNCIL Orfariforormo ALTO EXPRESSING APPRECIATION TO JAMES A. DECIOUS UPON HIS: RETIREMENT." The motion passed on a unanimous voice vote, Councilmembers Clay, Fazeino and Sher absent. PUBLIC HEARING: UNIVERSITY AVENUE MN OFF Pi CEEDI#�OS City Attorney Ray C. Abrams said that five votes would be needed for passage of Council action. Mayor Carry said that in light of the fact that he and Councilor Eyerly would -hot participate, he suggested the matter be continued to later in the agenda. MOTION: Vice Mayor Henderson coved, sec naed by Fletcher, that the matter concerning University Avenue Assessment District be continued to the end of the agenda. Th"e motion passed" on a umantmcos vote, Councilmembers Clay, Fazzinc and Sher absent. PUBLIC - HEARING: C Fl OF CONY IENCE ► .: . to = "b_ ,� Co. (CMR:103:9) Mayor Caryr announced that i t "wes the time and place set for the continua- tion ofr a public hearing held on October 31%1978, to consider the matter of the Peninsula Cab Leasing Company's Certificate of Convenience and Necessity. Lot the record show? he "asked; that this continued public iwa ring was adv rtlsed , i n the _Palo Al too Times on December 29, 1978. 412 Y 1/0/79 i / c. 747 The continued public hearing is being held for the purpose of deter- mining whether conditions exist to warrant the revocation of Peninsula Cab Leasing Company's Certificate of Convenience and Necessity issued to Peninsula Cab Leasing (PCL) in June, 1978. Mayor Carey said that at the City Council meeting of October 30, the City Council continued the public hearing for 60.days to afford Peninsula Cab Leasing an opportunity to substantially improve its existing level of cab service in this city. The City Council further directed the City staff to monitor PCL's-operations during that 60 day period and to report its findings to the City Council at this public hearing. The City Council and owner of the Peninsula Cab Leasing Company, Mr. Maggiore, have -both receiveda second : City- staff report which reviews Peninsula Cab Leasing's performance since the public hearing held on October 30. The staff again strongly teCc nds the revocation of Peninsula Cab Leaning's Certificatelof Convenience -and Necessity. Procedurally, the order of this hearing shall be as follows: 1) staff presentation followed by a) questions to staff from City Council, b) questions to staff from Mr. Maggiore and his rebuttal; 2) public comments; 3) opportunity for Mr. Maggiore to make a statement and present evidence on his own behalf. Vice Mayor Henderson observed that Mr. Maggiore was not present. MOTION: Mayor Carey moved, seconded -by Henderson, that the public hearing re PCL be moved to the end of the agenda. The motion passed on a unanimous voice vote, Councilmernbers Clay, Fazzino and Sher absent, PROJECT MOBILITY Since Project Mobility spoke' to -the ratter of an alternative to PCL, Mayor Carey moved the following: MOTION: Mayor Carey moved, seconded by Henderson, tha t Council consideration of Project Mobility be continued to the.end of the agenda. The motion passed on a unanimous voice vote, Councilmembers Clay, Fazzino and Sher absent. RINCONADA POOL (CMR:102:9) Mayor Carey crated that since a budget amendment required 6 votes, and only 6 Coutitilme there were present, he would undertake this item with that limitation in mind. Mr. Sipel, City -Manager, said staff would-be glad to answer questions; the staff report had been quite detailed. Councilmember Eyerly referred to the extent -of the needed repairs and he asked if more - repairs throughout the past years would have wrack such extensive repairs unnecessary. Scott Catlett, Recreation Department, said that tiles had been broken, and that the necessary repairs were the result -of normral • near and tear. The pool was 4 years -ofd; with planned -re -tiling and caulking the pool should last many more years. Counci lacer Eyerly and Mr. Catlett agreed that in the future pool repairswould' be- made seasonally, rather than cumulative repairs after a long passage of time. Councllareaiber Brenner observed Mr. 8yxbees voiced concern during Oral Caumications about' how thorough maintenance of the'pool would be. She asked Mr. Catlett to respond. Mr. Catlett said that corrplete-repairs would be.made, adding a useful future for the pool of at least 10-15 years. MOTION: Councilmember Eyerly introduced the following budget amendment ordinance and, seconded by Henderson, moved that'Council approve the staff recommendation that $230,000-be'apprpprlated'to Capital Improvement Project #78-31, "Rinconada Pool. Renovation, for the -repair of the Rinconada Swimming complex, and'the unappropriated balance of the CIP fund to be correspondingly reduced.": - ORDINANCE 3106 entitled "ORDINANCE. OF THE COUNCIL OF YHEMYTTF PALO ALTO AMENDING THE.BUDGET FOR THE FISCAL YEAR 1978-79 TO PROVIDE FUNDS'FOR PERFORMING NECESSARY REPAIRS AND ADDITIONS' TO' T€iE, RIMCONADA SWIMMING COMPLEX." The motion passed on a unanimous vote, Councilmembers Clay, Fazzino and Sher absent. REPORT OF CITY CONTROLLER -- r, E' Or !TR oO t *1EASE AGREEMENT a epor o Mayor Carey noted that since the matter involved a budget amendment unanimity of the six Councilmembers present would be required for passage of the ordinance. City Con=troller Al Mitchell said that the City had leased equipment from National Cash Register (NCR) since 1970; NCR was now offering to convert that arrangement to a lease/purchase agreement, which would lead to City -ownership at the end of five years. Under that arrangement current rentals would be reduced by $600 per month, and he listed other benefits attainable under the proposed-lease/purchase agreement. Prepayment of the sales tax, however, was required, and that required approval of the budget amendment ordinance for $21,900. Vice Mayor Henderson asked what costs would be were the equipment to be used on a straight lease basis. Mr. Mitchell answered that the City's 5 -year lease brought about a 15 percent reduction. Were the City to revert to a manth'by-month lease the City would have to refund the $88,000'it had received in discounts so far.. Recent IRS regulations regarding equipment sales, meant that the interest on the sale was no tenger subject to federal income tax, making it possible for NCR to lower its prices. Vice Mayor Henderson commented -that staff had surveyed the market for suitable equipment back in 1970 --had inquiry b n -made- into currently available equipment? He himself had not thought the -equipment chosen in 1970 was the best for the City's needs. Mr. Mitchell said that his 4epartaaent tried to keep in touch with current developments throughout the years. -Equiprrt had been upgraded with later versions' of -the NCR computer. The NCR 85-50 had "...been a very satisfactory piece of equipment -to work .with, 'both. to performance and maintenance, which was not to say that other -lines of computers weren't as good." Changing equipment meant costly moving and re-training, and there was the factor of paying $88:000 to NCR for discounts received in the past. Vice Mayor Henderson said those factors could be discussed in the Finance and Public Works Committee at the -time of the -next budget hearing. He thought that if staffing fora change in equipment would 414 1/8/79 save money in the long run, it should be considered. He asked if NCR had package programs, such -as those provided by IBM? Or did the Cuntroller's office have to develop everything itself? Mr. Mitchell said NCR did have such programs, and also put its customers who had similar needs in touch with -one another. But he knew of no "canned" programs that cities could take "off the shelf,:" either with IBM or ethers. The City was able to work out superior programs for its own needs. Vice Mayor Henderson asked who in the' area used NCR equipment, that might be used as backup in an emergency. Mr. Mitchell said the Controller's offices -like fire depart tg;_hed mutual aid agreements with three different firms in the area. Also, under NCR's lease terms it had the responsibility to make either Hawthorne or Dayton equipment available if the City's equipment was down 24 or more hours. No other city- on the Peninsula. used NCR equipment. Councllmember Fletcher noted that perhaps NCR might not provide backup if the City purchased its own equipment. If NCR did provide backup would there be an additional cost? Mr. Mitchell said that NCR would continue to provide backup. As in the past, the City -had been paying $3200 per Month-for-raintenance, and that arrangement would continue. Councilmember Fletcher expressed surpri=e at the high monthly costs of maintenance, as also shun in the agreementvwes that much maintenance needed? Mr. Mitchell agreed costs were high but the -repairs were available 24 hours a day, and 8 hours a week preventive maintenance was provided. In view of the service the costs were reasonable NCR's charges were somewhat less than IBM or comparable supp) ers. Councilmember Eyeriy asked how long NCR would maintain the equipment to be purchased on the proposed lease/buy agent; he asked also how rates would be structured if the City were to lease the equipment for five years, then buy it --would the sales tax situation change? Mr. Mitchell replied that NCR would maintain -the equipment for five years from date of the lease/buy contract; Sales tax of purchases, under California lag, were paid first as a part of the agreement. The amount of $31,500 was 61/4 percent of the purchase price of -the equipment. NCR, Mr. Mitchell said, was not w i 11 i eg to pay the sales tax then have the City reimburse NCR over a 5 -rear period. • Sales tax had to be paid on leases of equipment. Mayor Carey said that he understood that with the terms of the present lease the City obtained 50 percent equity in the leased equipment. Would the proposed purchase price of 100 percent equity be the same as it would be with the 50 percent equity? if so, since the equipment was 5 years older, wes that a good deal? He -asked the Meaning of paragraph b) in the staff report regarding '...sevtngs of $10,000"per month in 1978 dollars." He foresaw the prospect: of higher maintenance costs on equipment that would be 10 years old. He thought -the inflation factor had to be projected on obsolescence of the equ i pint. He wondered if the rerea i n i ng cost of S0 percent, of the equ i pNen t cow l d not be amortized by reducing the monthly rental. In view of those questions he would prefer not to pass the ordinance that evening. 415 1/8/79 et,e/„Fe/ i MOTION: Mayor Carey moved, seconded by Henderson, that the matter of the budget amendment for conversion of the NCR lease agreement be referred to the Finance and Public Works Committee for further discussion. The motion passed on a unanimous voice vote, Councilmembers Clay, Fazzino and Sher absent. MOTION: Councilmember Fletcher moved, seconded by Henderson, that Council now consider the matter of the Peninsula Cab Leasir,g (PCL) Company since Mr. Maggiore was now present. The motion passed on a unanimous voice vote, Cbuncilmembers Clay, Fazzino and Sher absent. PUBLIC HEARING: CERTIFICATE OF CONVENIENCE 'PCL CO on nue ran age (Continued from October 30, 1978)' Mayor Carey summarized the information about -notice of the public hearing which had' been covered earlier. 'He told Mr. Maggiore that he supposed he too had received a summary of the staff -report recommending revocation of the PCL license. He said. that the order the hearing would follow would be 1) staff presentation; 2) questions; 3) Mr. Maggiore's questions to staff and rebuttal statement; 4) hearing of public testimony. Any information Mr. Maggiore could present would be marked and be a part of the evidence presented in the hearing. Councilmember Eyerly suggested that Mayo, Carey clear with Mr. Maggiore whether or not Mr. Maggiore minded it Councilmember Eyerly participated, since he had not attended the October 30 hearing. Councilmember Clay arrived 8:45 p.m. Mr. Maggiore said he had no objection to Councilmember Eyerly's participation. Naphtali Knox, Director of Planning and Community Environment, said that on October 30 Council had continued for 60 day the public hearing on PCL's certificate, so that PCL could have another opportunity to improve its level of service. The report now before Council had had the coopera- tion of the City Attorney's office, the Police: Department and the Transportation Division, and they had joined in the recommendation that the PCL certificate be revoked. Mr, Knox explained that issuance of a certificate of public necessity and convenience was not exclusive and did not preclude addition of other taxicab companies. The City had recently received two applications for certificates of public necessity and convenience. Hearings on those were scheduled for the following week. It was probable that the City would issue three such certificates for taxicab companies to operate in Palo Alto. The issue before Council was whether or not to re,o!e the PCs' certificate. Mr. Knox noted that PCL had mowed to Calderon Avenue in Mountain View where it had a maintenance facility; number of cabs available for' service had risen in one month from 6-10 to 6-12--14 cabs had Opereted one day only. Mr. Knox said that using Mountain View and Sunnyvale's cab service, PCL should have 33 cabs in service, with 11 of theM reserved for Palo Alto. PCT'S response time had improved from an average of 45 Minutes to'13-20 minutes; demand for cabs had decreased 16 percent, however. Mr. Knox said Mr. Maggiore had refused to let the City review any df PCL's-financial statements, from which fact staff concluded PCL Was financially uhable to keep 22 cebs operating; nor did it have the necessary financial backing to reach the. requested number of 4©' cabs. Staff recommended that the certificate be revoked 30 days after this public hearing. A majority vote of Council would be needed for that. Valerie Lehrkind, Police Department, said the update for PCL of January 2, 1979, showed that at the facility on Calderon Avenue in Mountain View only 416 1/8/79 ist / (p ��S/7y preventive maintenance was available. Mr, Maggiore said he owned 20 percent of the Calderon facility, and so permanence of the facilities was claimed, but it could not be confirmed since examination of the financial records was forbidden; Mr. Maggiore claimed to have a master mechanic, yet all'maintenance was done by staff of a Mountain View garage; though the number of cabs dispatched had increased, it had been shown that PCL operated only 12 cabs at any One time; Mr. Maggiore had spoken of adding cabs to the fleet: on November,20 a 1959 Pontiac had been added, and assigned the random number "70:" which bore no relation to the actual number of cabs in the fleet. Mr. Maggiore had brought three cabs out of storage, and had heavy repairs done to six cabs; Mr, Maggiore said that his cabs needed new tires, and that the meter on one cab needed repair. Ms. Lehrkind said that staff did not think that an adequate explanation of why more cabs had not been in operation. Mr. Maggiore had said that his fleet of cabs would be refurbished, and added to, by January 31t Staff did not feel assured that would happen, for Mr. Maggiore had made'similar statements in the -past. Though the response time had been -shortened, it could be explained by the lessened derrand,On the matter of Mr. Maggiore having. to honor -scrip issued before he purchased the company, staff said that was a business -matter between the former owner, Mr. Demeter, and Mr. Maggiore. Mr: Demeter said that scrip issued by him when he owned the company had all' been honored. Mayor Carey ascertained that Councilmembers had no questions. Vince Maggiore, owner of the Peninsula Cab Leasing Company, .said he had moved to a permanent location November 16 on Calderon Avenue, in Mountain View. He said he could produce the agreement showing he owned 20 percent of the facility. The Transportation Department had never asked to see a copy, he said. His master mechanic was located at 431 El Camino --he could produce agreements on that as well. No one had asked to see them. He said he had figures showing how number of dispatches had increased. He said he had had 18 functioning cabs on October 26. He cited ti* condition in which he had received the fleet from the former owner. Mr. Maggiore objected to the statement -of 133 minutes' average response time, for some response times had been very short. Mr. Maggiore said that the response time of his company was shorter than that of other cab companies in this area. He said that'one of the cab companies cited had not operated for 5 years. He said his company had operated cabs more hours per month than other cab companies. He referred to a copy of a memorandum, prepared by the Transportation Clvisiena which criticized the service provided by the -Cab Cony before he became the owner, Mayor Carey ascertained that Mr. Maggiore had bought the cab company on Jura 30 and assumed operation on July 4, 1978, and that he had been negotiating with four oar Mike Demeter a Ord- therefore received a copy of the memo to file regarding the cab company dated June 13, 1978. Mr. Maggiore returned to Table I of the staffreport. covering the PCL operation for November and December. He said staff had mentioned maximum response time, but no mention had beer made about minimum response time. Mr. Reggiore gave figures showing that number of calls, rather than decreasing by 16 percent. had in fact' increased, from 805 in October to 1435 in December. Those were calls for both Project Mobility and othee patrons. He gave the amount PCL had spent on purchase of tires and mechanical repairs. He listed specific repairs. Mr. Maggiore said he had made a very honest effort to increase service; he presented a letter from Rickey's Hyatt House commending his effective efforts. Councilmember 6yerly read the letter aloud. (It was later returned to Mr. Maggiore at his request.) Counci leer Clay asked if Mr. Maggiore would like PCL "s license to stay in force if Project Mobility business were not available to PCL. Mr. Maggiore said be would like to be able to continue his business in Palo Alts. ecof r' i 7 //et Vice Mayon Henderson asked why Mr. Maggiore would not show staff his financial records. 1 Mr. Maggiore replied "This is still the United States...I've got figures shoving how much I spent on repairs...I"ve got financial stability." Vice Mayor Henderson explained that the City.of Palo Alto was responsible for the operation of Project Mobility., -and- financial responsibility was one of the requirements of the cab company serving that project. Some proof other than expenses to date was needed. Mr, Maggiore said his ownership of the facility on Calderon showed financial stability.. Vice Mayor Henderson asked if Mr. Maggiore had not known the condition of the cabs when he bought the company and agreed to operate them for - Project Mobility. Mr. Maggiore said he had not lookedlookecLat every cab. Expenses had been painful, but that. was no concern of ' Pa10 `A1 to: - He said that ' taking over the scrip of $10,000'= over the $3,000 supposed . to be still circulating, had hurt him financially. -He had spent $6000 on taxicab repairs, and paid $16,000 for the Calderon facility --that was $23,000 and he thought that' zemonstrated financial stability. He had the finances to put the remaining cat-; Councilsr ber Witherspoon asked for some explanation of the difference between the staff report and Mr. Maggiore's' statements on the 16 percent decline of business. Joan Thompson, Transportation Division; said a 6 percent adjustment had been made between 1977 business and -1978 business, with demand dropping and PCL expanding its service to Mountain View and Los Altos, and a 16 percent decline in business had been noted. Mr. Maggiore said that with the 2000 additional.cab-hours he had added, there had been an ' increase of about 600- Project Mobility trips from September' to December. Mayor Carney amplified that staff had :r+eant number of calls had decreased, not number of` hours of operation. Councilmember Witherspoon asked what percentage of Mr. Maggiore's busirass was for Project Mobility. Mr. Maggiore said Project Mobility trips represented 25-S0 percent of the operating budget. Counctl ber Eyerly reviewed the number of cabs promised, wt:ich was to be up to 40, and the' actual nurer of 12' fie w operating. Mr. Maggiore said 15 were in operation, with -2 or 3 to be added if business demanded. He thought Mr. Demetrzr hard operated about 16 cabs covering Palo Alto, Los Altos and Mountain View. Joan Thompson specified the number of cabs in use from 5 a:m. to 5 p.m. during the week of Decemmiber-16-24- at PCL: ' ranging froar 6, to 4, 13, 12 and 12. Mr. Maggiore said that two additional cabs -had been added in the last few days. 418 1/8/79 Councilmember Brenner asked if Mr: Maggiore could obtain a good reconr1endation for his services at Stevenson House, a retirement -complex on Charleston Avenue. She said the City also had received "a.rather direct complaint.. ." from the Palo Alto Medical' Clinic on October -30. Mr. Maggiore replied that he had a letter of commendation from Lytton Gardens; the manager at Stevenson House said on -the -phone that he had had no complaints. RECESS Council recessed from 9:30 to 9:50 p.m. Mayor' Carey informed Mr. Maggiore that -he could continue with his review of City findings, or he would be given an opportunity later in the public hearing. Mr. Maggiore said he himself had.ro.further convents; a few of his drivers, who had accompanied him teethe meeting, Would like to make statements later, when time was available. Ms. Thompson clarified that her memo of June 13 had been -Written just before Mike meter, former -owner, was going to. sel i his company. meter's service had been extended to Los Altos and -Mountain View; the service was deteriorating at that time, with an -extension of area served without an enlargement of the fleet. Mr. Maggiore had been present at the meting, held at Lytton Gardens, at which specifics of the taxi service's deterioration had been made clear. -C . plaints had first started to be registered in the last tiro months of Demeter's ownership of the facility. A copy of the staff report of-june 17, 1978 had been handed to Mr. Maggiore at the meeting. Pre-elems.in connection with taxi service had been discussed with the Lytton Gardens residents. 1S: Lchrkind, Police Department; said that Mr. Maggiore had commenced ownership of the taxi service with 21 -cabs. One more -had been added in August. The cabs were running prior to Mr. Maggiore's receipt of the permit to operate the taxis. Ms. Thompson explained -the two 12 -hour shifts Mr. Maggiore used, from 5 a.m. to 5 p.m., and 5 p.m. to 5 a.m. Mr. Maggiore did not in:.rease the number of -cabs in operation in peek hours. She asked if Mr. Maggiore's master mechanic etas not in fact in business for himself, and available to Mr. Maggiore -only upon request. Harrison Otis, 909 N. California Avenue, praised Mr. Maggiore's hard work and dedication, adding that providing taxi service was a thankless business yet very necessary since the bus system, to his opinion, was unreliable. J.R. Bertram, 1580 Alaaeeada, Redarood City, said that driving for PCL was one of his several Mobs } ' he hid driven a l s b -for~ Mr.- Demeter for about 41 years. The master mecharri c did not work for - PCL- exclusively, but "Wally" did excellent acid reliable work. He thought -that -at present patrons of. the cab company "were rather happy with the level of service that we are providing." W. -Bertram said he "specialized" in -driving handicapped and aged, grid those for whom he drove strongly supported the present operation of the company. He said that perhaps -the flu epidemic accounted for the lessened number of cabs on some occasions. He said "...lost of us care about -serving people and we work pretty -herd doing it." lie said that shifts for drivers were "reasonably staggered." Randall Kenworthy, 274 Thompson Avenue, Mountain View, said that in his brief time -of employment as a driver with . Dieter he yaw lithe ongoing 419 1/8/79 '/(5/7? maintenance being done, and so Mr. Maggiore became owner of many cumulative mechanical problems which resulted in there being fewer cabs in service. He said that driving shifts were staggered to give more coverage during rush hours. He asserted that Mr. Demeter had never had 22 cabs 1n service, whereas Mr. Maggiore did have that many in service, and also for a loner period of the day. Vice Mayor Henderson ascertained that Mr. Kenworthy had worked for Mr. Demeter one month. Hugo Macchello, 4351 Miranda Avenue, said he had worked for ,Mr, Demeter for 7 years; he asserted that during that 7 -year period "...the service at ite best was just as good as we have right now." The most cabs on the road at any one time had been 14-15, and service during peak hours now was the same as it had been with Mr. teeter as owner. Vice Mayor Henderson asked about the service provided by the former owner, in relation to the expansion of the territory served. Mr. Macchello replied that when buses came to Palo Alto the number of available fares for the taxicab company dropped, and Mr. Demeter had had to expand the territory to n.ake up the loss of patrons who began using buses. Mr. Maggiore thanked his drivers for their support. In response to the matter of complaints, he did not think many had been received during the past 60 days of his trial -improvement period. He said that when the cabs were inspected at the time of his purchase only superficials were checked: motor, transmission and the like had not been inspected. He felt that in view of the condition of -the equipment he had bought, and weather conditions, along with expanded territory, his service had been quite acceptable. The whole area was served." He explained that two of his holding places for cabs in Palo Alto were Rickey's Hyatt House and Holiday Inn. He said his master mechanic was indeeb in business for himself. The mecha~;ic did fast work, and he did it very well. Councilmember Clay asked Mr. Maggiore to tell about the company's financial condition before he purchased it, and at the present time. Mfr. Maggiore said he had read that the cnmpany had lost $'30,fl00 in the last year. He had been told that before he' bought the company there had been a loss of about $300.' The report had not been audited. During 1977, the company had been reported in the Palo Alto Times as having lost $30,000. Council ber Clay asked if Mr. Maggiore understood that he had to present a financial statement upon demand after he had been issued a certificate of convenience and necessity. Mr. Maggiore said "If that is reallyone of -the requirements, after the performance I have shown in the past 2 earn s, I will issue a financial statement to the City of Palo Alto." There was not a demand for a financial -report, he said. He believed that giving a financial statement upon demand was a Palo Alto Municipal Code requirement. Vice Mayor Henderson noted that in another report it had been stated that the City Manager intended to terminate Pct's Project Mobility contract 30 days after the hearing. Mayor Carey emphasized -that the issue before. Council was not Project Mobility but the certificate of convenience. He would rule out figures which had been given apropos of the certificate when considering Project Mobility, shish was to come up later - on the agenda. 420 1/8/79 Councilmember Eyerly stated that among the most adverse comments he had received were those on the quality of the taxi service, made by citizens who were unhappy with the lack of -service. Councilmember Eyerly said he did not know how Mr. Maggiore could work on a City contract unless staff could look at the financial reports. The City had requested that the number of cabs in serviceable order be around 40, and Mr. Maggiore had had about 6 cabs in service. MOTION: Councilmember Eyerly. moved, seconded by Witherspoon, that Council approve the- staff recor+mendation and. revoke- the certificate of public convenience and necessity from Peninsula Ceb•Leasing Company, effective 30 days after this present date of hearing. Naphtali Knox, Director of Planning.and.Comarenity Environment, amplified that the Demeter operation and the Maggiore -operation covered two different geographical areas. Data showed'that,-proportionately, PCL had fewer cabs spread over -a larger -geographical -area, -and carried fewer people, thus giving Palo Alto less than adequate cab service. Counciimember• Fletcher agreed that complaints about PCL's service had been numerous; she said bus service had improved. She thought that fron past unfulfilled promises of increased numbers of usable cabs statements about more cabs to -come were unreliable; as well'as accessibility to financial statements. Councilmember Clay said he thought specifications that applicants for certificates of public convenience and' necessity had to meet should be tightened up. He thought a taxicab business was• diff'cult to run. He was uncomfortable about voting on se thing'that was more intuitive than specific. Vice Mayor Henderson said he had wanted to•reconsider his October 30 vote to terminateaMr. Maggiore's'certificate. He found that Mr. Maggiore's refusal to open his financial records for inspection by the City had made up his mind for him, along with disbelief that Mr. Maggiore had not had someone check out the taxicabs' conditions"before purchase. If Mr. Maggiore had run' into unexpected financial e difficulties it could not be known, for he would not -permit -inspection -of his books. Therefore, Vice Mayor Henderson said, he -would support the' ration to- revoke- the certificate. Mayor Carey said he agreed withwith:Councilmember Clay that a decision had to be made somewhat- on an' intuitive*, subjective judgment.- The ways in which numbers hid been interpreted has shown -how -subjective judgments changed information. He surveyed Palo Alto's taxi requirements, vis-a- vis-those-of San Francisco, d strating'that there were -not, in Palo Alto, variob ' ass:ared points of " pi cki ng: up fags i , such- as. the ai rport- downtown-aiiart-ran i n San Franti , - and so. running - a cab company in Palo alto had its financial risks. Mayor -Carey said he. had- been concerned about Mr. Maggiore°s lack of experience -in transportation-, and also lack of financial responsibility. Mayor Carey acknowledged that'Mr. Maggiore had improved Pa.'s level of-- servt ce, but i t had been so low that it was still not sufficient. However, he was encouraged by the improvement) and he would not -vote -for relocation. MOT ION PASSED: The motion that Council approve'the staff recommendation to revoke the certificate` of publicconvenience-and necessity from Peninsula Cab Leasing Company, dba Yellow Cab; effective in 30 days, passed -on the following vote: AYES: Brenner, Eyerly, Fletcher, Henderson, Witherspoon HOES: Carey, Clay Ate': rutino, Sher MOTION: Mayor Carey moved, seconded by Henderson, that Council bring Item 13, concerning Project Mobility,'forward. The motion passed on a unanimous voice vote, Councilmembers Fazzino and Sher absent. PROJECT MOBILITY (CMR:104:9) Mayor. Carey pointed out thatsince revocation -of -Peninsula Cab Leasing Company's certificate of public necessity and convenience the question of a contract with them for Project Mobi l i tee was now moot. He suggested that a motion asking staff to negotiate a contract with another party be made. MOTION: Councilmember Brenner -moved, seconded by Henderson, that staff negotiate another contract for Project #obi l i t'. The motion passed on a unanimous voice vote,-Councilmembers Faziino and Sher absent. 561, 563, 565 and 567 ADDISON STREET ISTRICT RM-2 I I.4W iN11 .d! 1'441.r.Iw f�icSr4'r.! t ; and-rnued from TOTF5T7 ` `ncr' 7 / 78 ) Mr. Knox said that the property in question had been zoned R-2 for some time, and then multi -family dwellings had been allowed --the four condominiums had been built when that zoning was in force.- When the new zoning had been put into effect or. July 20 the zoning that became effective would have permitted only duplexes and single-family homes. Clauses adopted subsequent to the adopting of the new zoning ordinance permitted them to main as multi -family buildings in than zone, but. they were now considered non -conforming, and could not, therefore,- be- expanded, The property owner had wanted to' add one bathroom to each -of the units. That expansion was not possible under the previous ordinance either, Thc bathrooms were to be added to the outside of the present -buildings. The only way that could be done would be to ask Council'to rezone the subject property RM- 2. The Planning Commission strongly recommended denial -of that request, end the neighbors also recommended -against -it; Mr; Knox said that it had been difficult to draw a line, yet the line -had been drawn in the zoning ordinance text. Councilor Clay asked if the requested RM-2 zoning would increase intensity of use, What had been the intent of the restriction? Mr. Knox- replied that the ordi auntie .was worded so that any replacement or reiodeling_should not result in increased floor area or number of rooms, or increase in building dimensions:- He projected -a transparency showing that the -planned addition of'a'bathroom-would add to blockage of an already exceeded daylight plane-vio1etion-from the existing buildings. He understood that the planned addition would require an extension of the roofltne. Councilmember Eyerly asked if° itvould be -possible to. expend the building coverage of the lot with R14-2 zoning. That is', would a larger building be permissible with R4-2? Mr. Knox said he would -have to check on that answer. Counci tmember trenner observet that: the' present buildings were less than 2 years old -ewes -the addition of a` bathroom planned -just to make the condominiums more expensive? Mayor Carey suggested that' Concil sber' erenner's comment be construed as a rhetorical question, until the applscant'had.an opportunity to be heard. 422 1/8/79 Emily Renzel, Chairwoman of the Planning Commission, said that neighbors had shown concern about possible spot zoning'on the subject property; in the light of all the work that had gone into rezoning the area there had been concern about zoning to a higher density. George Remsberg, 305 Lytton, attorney for Richard Kelley•, Jr., applicant, said that the request for re -zoning was ".;.the only avenue available to the applicant to add one bathroom to each of.the the 4 units. The need for re -zoning had arisen because with the adoption of -the zoning ordinance the present use of the property had become -non -conforming, under which zoning no floor space could be added to existing units. Under former zoning. only two units would. have been permitted. Proposed positioning of the second bath ontxide the "skin" -of the present unit did not intensify the use. The prim reason far'addtng• a bath was not to increase the profitability of the` units, :thoogh'that would happen, but to make for more ease in the 1 i vabi l i tyt of each. unit. Addition of the second bath would not add to the non-conformtty of the units.. The owner had intended to add the second bath from the tl'ne of his purchase of the units. Hr. Knox, in response to CouncilmemberEyerly's question about whether or not a larger building would have been pen issible'with Rid -2 zoning, said that the lot size of the -subject property was.12,500-square feet -- Oder -the new zoning ordinance both R-2'and RM-2 permitted 35 percent coverage of the lot. Under i-2 zoning the property would allow 5 units. Councilmember Witherspoon observed that the peghborhocd was sensitive and further expansion was not appropr1ate; she did not think this was a hardship case. MOT/ON: Councilmember Witherspoon -moved, seconded by Henderson, that Council uphold the Planning Commission -and -deny the request for RR - 2 zoning. Councilmember Brenner said she agreed with' the motion; -she observed that the arbitrary continuance of the matter from as far -back as October 16 had discouraged the neighbors, as shown by their nonattendance that evening. Victor ojrkisn, 526 Addison Avenue, said: hewasoneeof several neighbors whose opposition to thereq€ested rezoning had not' been discouraged. He feared that if Council showed rflexibtlity" toward one -applicant it would have to be flexible toward all . Councilmember Clay said he did not' think' rezoning was needed, but he did think the ordinance was tou rigid; the proposed- project would not intensify its use. He thought the -ordinance -should be worded so that projects which "..:would conform -to the intent" would be permitted. Mayor Carey said he 'thought the r;e ghbors objected not to the bathrooms but to the rezoning. MOTION PASSED: The motion, that Council uphold' the Planning Commission and oeny' the request -for RR -2 zoning, passed' on a unanimous vote, Councilmenbers Fazzi no' Bad Sher absent. Counc1 lmmwber Clay said he would like to see the language of . the ordinance. changed so that if intensity of use was not ° increased the floor ' area could be. 423 1/8/79 1 1 1 Roy C. Abrams, City Attorney, said that an ordinance modification could be made and it would require the public hearing process. The intent of the present non=conforming ordinance was that improvements could not be made during the life of the present buildings. But modifications allowing flexibility of 10 percent up ordown could be written if intensity were not to be changed. Emily Renal, Chai rwroman of the Planning Commission, said that the non- conforming use" provision had been made mostly in- respect to office and multi -family residence buildings which had been permitted to remain though areas in which they existed had been re -zoned, which gave them privileged status relative to other non -conforming uses elsewhere in Palo Alto that had to be amortized. Councilmember Clay asked what procedure would be used to have the matter reviewed. Mayor Carey said he thought that changes in zoning ordinances had to go to the Planning Commission. Then'the matter would return to Council. MOTION: Councilor Clay moved, seconded 'by Eyerly, , that Council refer the question of definition of intensity•of use and intent, to determine whether or not the xonirg ordinance should be thanged to -the ' Planning' Co ission. Council rem er fi tferspoo`1 referred to page 2 of the staff report, and read "...shall result in an Increased floor area, number of dwelling units, or height, length, or any other increase in the -size of the improvements." She noted that there was no ,mention of intensity of use. She wondered if adding a bathroce would increase intensity. She thought it might also mean adding a bedroom. Corrected see page 458. Mr. Knox said the question would lead to difficulty in deciding what an increase of intensity was. Addition of• another bedroom might lead to a larger family, hence one more car, and so on. Dealing with what took place within the dwelling units led to consideration of minutiae that made exact definition next to impossible. Counci/member Witherspoon said that perhaps wording could specify a certain percentage increase of what existed, without an increase in lot coverage. She would prefer to see a limited exception procedure, rather than a-blenket exception procedure. She thought the procedural change could accommodate minor matters. Vice Mayor Henderson said he felt called upon to object to the change of Council's consideration, which was not on -Item 16 -concerning the denial of the AM -2 zone change, He was concerned about citizens waiting to hear matters concerning other agenda matters. Mayor Carey Liked City Attorney Abrams if the motion now before Council fell within the substantive matter of the requested zoning change. Mr. Abrams replied that he read the -section of the municipal code dealing with council's consideration of matters on -the agenda in a way which foresaw that matters that arose during council deliberation could lead to related considerations thereby authorizing such considerations. His answer, he said, was "yes." Mayor Carey concurred. Since Council was close to a vote he would continue. 424 1/8/79 Counci1miber Brenner said.sbe did not think it appropriate and she did not think this -disproportionate attention warranted<further time from staff, the Planning Commission, or Council. She would vote against the motion. Counciimember Fletcher asked if the -consideration -might more correctly fall under the -variance procedure. Mr. Abrams said that Council's consideration might -be questioned if it were to take final action; the proposed referral would not be final. Councilmenber Clay said he thought the law should be reasonable; he was only asking that the Planning Commission take a look at it. MOTION PASSED: The motion -that the question. of definition of intensity of use and intent to determine wtether or not the zoning ordinance should -be changed, be referred to the.Planning Commission; passed on the following vote: AYES: Carey; -Clay, Eyerly, Witherspoon NOES: Brenner, Fletcher, Henderson ABSENT: Fazzino, Shed= RE EST OF MAYOR CAREY RE Ben 'Wilson, President of Neighbors Abroad, said Palo Alto had worked with- the-Nelghbors'Abroad program for 15 years, and many adults and students had visited Palo Alto's sister city of Oaxaca; Mexico, where Palo Alto had participated in the dedication -of an observatory and a planetarium, with a cost; of about $20,000. 'Oeighbore Abroad wanted now to extend' an invitation to-Ensthede, Holland, a city'about 100 kilometers east of knsterda r to join Palo Alto -in a third -Neighbors Abroad program. No additional financial burden to the City of Palo Alto was contemplated. MOTION: Mayor Carey moved, seconded action of Neighbors Abroad extending with the understanding that the City relation to the invitation. by Eyerly, that Council favor the an' incitation to -Enschede, Holland, makes no financial' commitment in Councilmember Brenner asked how much staff time was taken '►r such sister city activities. She asked -what the- total - fund^ing of -the -City was for the Neighbors -Abroad program support. Mr. Si pe L s - Ctty Manager, said that no city _nosey was involved in the Neighbors Abroad Frog ,‘ As with -most oroaaizations; the City was merely l i ai soon < i n the program, and the addition of Enschede to the program would not add significantly to'staff time coarse. The City functioned as oral support. MOTION PASSED: The motion passed on a -unanimous voice vote, Counciimembers Sher and Fazzino absent, Mayor Carey said that- staff had asked that Counci 1 refer Item 18 on a proposed traffic -study, and Item" 19 ter` traffic o condttiens in -the 100-300 blocks of Byron Straw: -to staff, with.the-understanding that staff would return to Councii - by .April 1 -with results oaf' a n al l enei ghborhood parking intrusion sttdy now underaey, and a recommendation. 425 1/8/79 Councilmember Eyerly pointed out that people were in the audience awaiting Council consideratioh of Item 11„ -on -the University Avenue Assessment, District. He did not mind referring the traffic matters to staff, however. He' said he would not participate in the University Avenue matter. 1 1 Vice Mayor Henderson said he would like his item re Byron Street considered tonight. Mayor Carey said he also would not participate. MOTION: Councilmember Fletchermoved, seconded by matter concerning -the University. Avenue. Assessment' before Council at this time. The mottonpassed'on- AYES: Brenner, Clay, Fletcher, Witherspoon NOES: Carey, Eyerly, Henderson ABSENT: Fazzino, Sher PUBLIC HEARING --UNIVERSITY AVENU Brenner, that the District be brought the following vote: Vice Mayor Henderson took the chair. Kenneth Jones, bond counsel, said that -a letter. from- Downtown Palo Alto. suggested- that. Council consider an -alternative to beset forth in a resolution' of intention of- changes-that'is, to consider alternate l now identified -in the resolution, together With abandonment of the landscaping feature that had been a part of the'project since its approval. Mr. Jones said that as a matter'of law the possibility was before the Council because the resolution said that in considering Alternate 1 "...Council reserves the right to order either the original plan for the parking lot, providing for parking spaces on said properties on 424 and 440 Lytton Avenue, or, the plan as finally approved. . . ." which, Mr.' Jones said, ' provfdedfor landscaping on said property. In view of the form, which was reservation of rights, rather than "express alternate," Council may feel that there is some -confusion about this responsibility being a clear alternate course of -action; continuation of this hearing and a clarification of that as a clearcut possibility might want to be considered by Council, by way of a supplemental notice. Councilmember Brenner said'that'if CounciI was to consider Alternate 3, just submitted that evening, it would. be' appropriate to. continue the public hearing -so that Council could nave'accampanying staff infor- mation, as was available on _,Alternates l and 2. KT!04 Councilmember Brenner anted, seconded by Fletcher, -that Council continue- consideration' of the attCr` of, the University Avenue Assessment District to the last meeting in January. •The'motion passed on a unanimous vote, Councilmembers fazzlno and Sher absent, Mayor. Carey and Council - member Eyerly not participating. Vice' Mayor Henderson and Councilmember- Fletcher' expressed regret that they had not known of this nee: suggestion'earlfer in the evening, so that those who had -been -Waiting to speak • on' the matter• could have left had they so wished. 426 1/8/79 CANrELLATION OF JANUARY 22 MEETING AND A discussion took place as to which of the forthcoming Mondays in January would be best for Council not to meet. MOTION: Mayor Carey moved, seconded by Fletcher, that Council cancel the regular meeting of January 22, 1979, and. schedule. r Special Meeting for January 29 (fifth Monday). The motion passed on -the -following voice vote: AYES: Carey, Clay- Eyerly, Fletcher, Henderson NOES: Brenner, Witherspoon ABSENT: Fazzino, Sher REQUEST OF. COUNCILM M ER EYERLY 17 antrfrrAVENUE Council ber Eyerly asked if staff had anything in progress on the overall matter of traffic. Naphta l i Knox, Director of Planning -and Community Environment, said a number of traffic conceres'were arising,. staff was -sorting them out and choosing priorities for attention. Traffic was° increasing. but modes of handling it had not yet been worked out; there was parking and traffic intrusion in several neighborhoods. Staff would return with some arrangement of priority. For example, streets would be affected by the new Dumbarton Bridge, and such streets could be considered. in conjunction with one another in relation to bridge -related -traffic. MOTION: Councilmember Eyerly moved, seconded by Witherspoon, that Council accept the -staff recommendation that it -pursue a -plan to study traffic problems -throughout the City -and report back to Council by April 1. Councilme ber Brenner asked if the question of establishing "scenic routes" was also going -to be -addressed by staff; she thought it would be wise to discuss all of program 26 at the same time. Councilmeaaber Eyerly said he thought. that could be taken up after the study results were in. He did not think- a -single- assign ent on that alone should be made. MOTION PASSED: The motion passed on a unanimous voice vote Counctlmei hers Fazzino and Sher absent. ES '.E MAYOR REND . } a FOR r itT Vice Mayor Henderson said he had wanted to speak on the Byron Street matter specifically because it was'a-long-timse special danger situation that had gotten worse. The' street was narrow; ' motori sis ignored stop signs and drove very -fast. Motorists -took the -street thinking they would avoid the traffic on Middlefield. He thought'the street should be blocked off* because, in t ddl ti onto other problems*, families with young children lived on those blocks. Cars should -stay on Middlefield until at least Lytton Avenue. There had been too many close calls on Byron owing to that increased traffic. MOTION: Vice Mayor Henderson moved, seconded by Fletcher, that Council refer the matter of the long=time traffic problem on 100-300 Byron to staff for its recorrnendation at the earliest date possible. Councilmember Witherspoon said she would suggest to staff the possibility of making Byron a one-way street going north. Vice Mayor Henderson said that suggestion would be fine with him. Councilmember Eyerly asked if there had -been any increase in the accident rate on Byron; was there added urgency on the matter? Ted Noguchi, Director of Transportation, said that fender benders occurred, but many of them were not reported. Councilmember Eyerly said he thought something should be done about Byron Avenue, but he thought' it shcutd•perhaps be studied in conjunction with other City traffic problems, so -that it would be'in'proper perspective. He would not favor having a staff report before the overall traffic study due by April 1. Councilmember Fletcher said she agreed with ViceMayorHenderson that Byron Avenue was a different -kind of problem -from the overall traffic study, and she thought it should be handled separately. Mayor Carey said he felt very strongly that Byron should -be considered as a part of the larger traffic picture, because what happened there affected what happened on other' streets as well. There was a danger of piece al traffic analysis in response to neighborhood request, with possible negative results in a larger area, MOTION PASSED: The motion 'that 'Council refer the matter of the long- time traffic problem on' 100-300 Byron to' staff for -its' recommendation at the earliest date possible, passed on the following vote: AYES: Brenner, Fletcher, Henderson, Witherspoon NOES: Carey, Clay, Eyerly ABSENT: Fezzino, Sher AE JEST Of COUNCILMEMBERS EYEPkY AND Councilmember Clay said he thought the City should ask industry to support child care, since City services -WI -been cutback by passage of Proposition -13. Child care ed _ a' di sti nct benefit for' i ndus try. He thought, along with Cunt% oar Eyerly, that' tt'would be well for Council to direct that a letter be prepared and sent to•indastry suggesting that funds -saved through the'passa a of Proposftion-l0 be'used to fund Palo Alto Child Care Center (PACCC)--the� draft letter to retcrn to Council for its approval. MOTION: Councilmember Clay, seconded -by Eyerly, moved that staff prepare a letter to be'sent to-indostry regarding-child'care'and'that the draft be sent to Council for approval. Vice Mayor Henderson said he had participated in the beginnings of PACCC, and, though industry had been asked for support, it had given none. Thera harp been' follow-up contacts asking for industry -support, and there' had still been no'support. He was .willing' to try again, however. Councilmember Witherspoon asked what size-industrywould-be'astadd for help. 428 1/8/79 r Councilmember Clay said he-had'no number of -employees in no..nd; staff might propose -a formula that seemed reasonable. He thought they all aught to pay their snare. Councilmember Brenner said she hoped the letter worked. She did not want to modify -the -City's support for'chtid care now or -in the future. She thought it would be a fine way for tmdustry "...to get -its feet wet" .in this social service. Councilmember Eyerly said -he thought the motion meant that -staff was to prepare a letter and suggest a formula setting -some goals that industry could set'itself'to.aeet. Mayor Carey'confirmed that assumption. MOTION PASSED: The ration passed -on a unanimous vote, Caunctlm tubers Fazzino and Sher absent. ORAL COMMUNICATIONS None ADJOURNMENT TO EXECUTIVE SESSION 11:56 p.m.: Mayor -Carey announced.tCat at the request of Mr. Sipel, City Manager; Council would meet -in a very brief executive session re personnel. ADJOURNMENT Of EXECUTIVE SESSION AND MEETING Council adjourned at 11:57 p.m. AFFIRM: 429 1/8/79 APPROVE: